Effective date: 09/01/2023
AG Capital Management Partners, LP and its affiliated entities (the “Company”, “we”, “us” or “our”) consider privacy to be fundamental to its relationship with you. This Privacy Notice describes how we may collect, use, share and otherwise process personal information that we collect through our website at http://www.ag-capinv.com/ (the “Site”), as well as information that we may collect via other means, to the extent specifically described below. The Privacy Notice supplies additional information required under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act, or the EU General Data Protection Regulation (2016/679) (“EU GDPR”) or the UK General Data Protection Regulation (“UK GDPR”),
I. Personal information we collect
“Personal information” is any kind of information that allows us to identify you, directly or indirectly, such as your name, contact details, or address. We may collect and process the following personal information about you:
- Identifiers, such as your name, address, email address and telephone numbers;
- Professional or employment information, such as your job title and place of work;
- Internet or other electronic network activity information, such as your internet protocol (IP) address, login data, unique device identifiers, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, mobile device carrier and other technology on the devices you use to access the Site; as well as usage information, such as information about how you use the Site and our products and services, referring/exit web pages, date/time stamps, error logs, and the frequency of your use of the Site; and
- Marketing and communications information, such as your preferences in receiving marketing communications from us.
We also collect, use and share aggregated information such as statistical or demographic data for any purpose. This information could be derived from your personal information but will not directly or indirectly reveal your identity. For example, we may aggregate your usage information to calculate the percentage of users accessing a specific Site feature. However, if we combine or connect information with your personal information so that it can directly or indirectly identify you, we treat the combined information as personal information which will be used in accordance with this Privacy Notice.
We may collect information that is considered “sensitive” under some laws including the California Consumer Privacy Act, as amended by the California Privacy Rights Act (together, the “CCPA”). When we do so, we use such information only for lawful purposes in compliance with applicable laws, such as to perform the services requested by you and to resist malicious, deceptive, fraudulent or illegal actions. Where required by applicable law, we will obtain your consent prior to processing such information.
II. How we collect your personal information
We collect personal information from you via the following:
1. Personal information you provide to us
- Forms you complete (or which are completed by your authorized representatives on your behalf) on the Site or otherwise; and
- Your correspondence and interactions with us, including by letter, email and telephone.
2. Personal information collected from third parties
We may collect personal information about you from third parties, such business partners, vendors, or from publicly available information. The conditions under which we may obtain such information are governed by the third party source.
3. Information collected automaticallyWe may automatically collect certain information about the devices you use to access the Site, as well as information on how you interact with the Site, through cookies, web server logs and other similar tracking technologies.
a) Cookies and other data collection technologies
We may or our third-party partners may collect information about your use of the Site through cookies, web server logs, and other similar tracking technologies, which may include pixels, web beacons and related technologies.
“Cookies” are a feature of web browser software that allows web servers to recognize the computer used to access a website. They are small text files that are stored by a user’s web browser on the user’s hard drive. Cookies can remember what information a user accesses on one website to simplify subsequent interactions with that site by the same user or to use the information to streamline the user’s transactions on related websites. A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies last longer and are used to recognize your computer when you return to the Site. Cookies are designed to make your online experience easier and more personalized. They can only be read by the server that placed them, and are unable to execute any code or virus.
Web server logs are files that store the activity on a certain website.
You can change your browser settings to notify you of the cookies being set or updated, and to block cookies. Please note that if you have turned off all cookies, some features of the Site may not be available to you or otherwise function as intended.
We also may include tracking pixels and web beacons in email messages, newsletters, and other electronic communication. They help us to determine whether a message has been opened and to analyze and personalize our interactions with you. Instructions on how to unsubscribe are included in each email.
We use the following categories of cookies on the Site:
- Essential cookies: These cookies are necessary to provide you with the services available through our Site and to use its some of its features. Without these cookies, the use of the Site is impacted and certain functions might not be available.
- Performance, functionality and customization cookies: These cookies improve the performance and functionality of the Site, but are not essential to its use. Without these cookies, the Site and its functions might be more cumbersome to load or navigate, but are still available.
- Analytics cookies: These cookies collect information that helps us understand how you use our services, and to customize the Site and our services for you. The functionality of the Site is not impacted by the rejection of such cookies.
- Targeting cookies: These cookies record your visit to the Site, the pages you have visited and the links you have followed. They recognize you as a previous visitor and track your activity on the Site as well as other websites you visit. The functionality of the Site is not impacted by the rejection of such cookies.
b) Cookie management
Most web browsers automatically accept cookies. You can, however, change your browser to prevent this or to notify you each time a cookie is set. To learn more about how to manage cookies on different types of browsers, you can visit the website www.allaboutcookies.org.
(i) Essential cookies
These cookies are necessary for the function of the Site and cannot be switched off by us. They do not store any personally identifiable information. While you can set your browser to block or alert you about these cookies, some parts of the Site will not work if you do so.
(ii) Performance, functionality and customization cookies
These cookies allow us to count visits and traffic sources and see how visitors move around the Site. They also enable the website to provide enhanced functionality and personalization. The information these cookies collect is aggregated and thus anonymous. This information is solely used for internal purposes in managing the Site and improving its functionality. If you do not allow these cookies, we will not be able to monitor the performance of the Site, and some of its services may not function properly.
(iii) Analytics cookies
These cookies help us collect anonymous statistics on visitors to the Site, how they accessed it, how much time they spend there, and which pages they visited. We may use third party analytics providers such as Google Analytics to collect and analyze usage of the Site.
You can prevent Google Analytics from using your information by downloading and installing the Google Analytics Opt-out Browser Add-on (https://tools.google.com/dlpage/gaoptout).
(iv) Targeting cookies
These cookies may be set by our advertising partners and used to build a profile of your interests and show you relevant advertisements on other sites. Targeting cookies do not directly store personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
c) “Do Not Track” Browser Settings
We do not currently use technology that recognizes “do not track” signals from your web browser. For more information about “Do Not Track,” please visit www.allaboutdnt.com.
III. How we use your personal information
We will only use your personal information when the law allows us to. Any of the information we collect from you may be used in one of the following ways:
- Where the processing is necessary for us to enter into or to perform a contract with you, or to take steps at your request prior to entering into a contract – for example, to provide information you have requested or to respond to your questions;
- Where necessary for the purposes of the Company’s legitimate interests, including to operate and facilitate our business and services, communicate with you, undertake business management, planning, statistical analysis, market research and marketing activities, administer and maintain the Company’s core records, protect the Company’s rights and interests, ensure the security of the Company’s assets, systems and networks, prevent, detect and investigate fraud, unlawful or criminal activities in relation to our services, and enforce our terms and conditions;
- Where required by applicable laws and regulations, including laws relating to know-your-client requirements, tax, the prevention of money laundering, fraud, terrorist financing and sanctions; and
- Where the processing is necessary for the establishment, exercise or defense of legal claims.
In some circumstances, we may process your personal information where we have received your consent. For example, depending where you are located, in order to send you marketing materials or to place cookies or similar tracking technologies on your devices. Where processing is based on your consent, you have the right to withdraw that consent at any time.
IV. How we protect your personal information
We are committed to maintaining the confidentiality, integrity and security of your personal information and take precautions to protect such information. These precautions include the adoption of certain physical, electronic, and procedural safeguards and procedures designed to maintain and secure your personal information from inappropriate disclosure in accordance with applicable laws and regulations.
We restrict access to personal information to those employees and agents of the Company who need to know that information in order to provide the Company’s services. We may disclose such information to our service providers (including financial, technical, marketing and professional service providers and consultants) and financial institutions that provide services to the Company. We require such third party service providers and financial institutions to protect the confidentiality of your personal information and to use the information only for purposes for which it is disclosed to them.
V. When we disclose your personal information
We may share your personal information as permitted by law, including with our affiliates, service providers and relevant counterparties, with your consent, or as required by applicable law or regulation. This means that we may disclose your personal information to other third parties, including:
- Any governmental agency, regulatory authority or self-regulatory organization having jurisdiction over the Company or its affiliates, if (i) the Company determines that such disclosure is necessary or advisable pursuant to or in connection with any U.S. federal, state or local, or non-U.S., law, rule, regulation, executive order or policy, including without limitation any anti-money laundering law and the USA PATRIOT Act and (ii) such disclosure is not otherwise prohibited by law, rule, regulation, executive order or policy;
- Persons acting in a fiduciary or representative capacity on behalf of an investor, such as an IRA custodian or Trustee of a grantor trust; and
- Certain other persons to the extent authorized by you.
We may share your personal information in the event we sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, a business reorganization, or similar event, we may transfer your information as part of such transaction.
We may disclose for a business purpose, and may have disclosed in the preceding twelve (12) months, personal information, including contact information, employment information, identification information, background information and financial information to third parties, as listed above.
We do not sell personal information obtained about you to any third parties or share such information for target advertising or cross-contextual behavioral advertising, and have not done so in the twelve (12) months preceding the effective date of this policy. We may aggregate survey responses for publication. However, this will not include any non-public personal information or any information identifiable to a particular Site user.
VI. How we transfer your personal information
Your personal information may be collected in, transferred to, stored or otherwise processed in a country other than the one in which it was collected, including the United States. Such country may or may not be deemed to provide the same level of protection for personal information as your jurisdiction.
When we transfer personal information internationally, and to the extent required by applicable data protection laws, we rely on suitable safeguards or an appropriate derogation, including:
- Where the relevant country or recipient has been deemed to provide an adequate level of protection for your personal information by relevant authorities;
- Using standard contractual clauses approved by relevant authorities as ensuring adequate safeguards;
- Obtaining your consent to transfer personal information after first informing you about the possible risks of such a transfer;
- Transferring the personal information because it is necessary for the performance of (or to enter into) a contract between you and the Company, or because the transfer is necessary for the performance of a contract between the Company and a third party, and the contract was entered into in your interest; and
- Transferring the personal information because it is necessary to establish, exercise or defend legal claims.
For more information on the safeguards we have in place or to receive a copy, please contact us using the details below.
VII. Retention of your personal information
We will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Notice, or as long as we are legally required or permitted to do so. Under certain circumstances, you may have the right to have your personal information erased.
When deciding how long to retain your personal information, we take into account our legal and regulatory obligations, the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information described above and whether we can achieve those purposes through other means. We may also retain your personal information to investigate or defend against potential legal claims in accordance with the limitation periods of countries where legal action may be brought.
VIII. Third party links
The Site may contain links to third party websites, products and services. These third party websites and services have separate and independent privacy policies, which we encourage you to read. We have no responsibility or liability for the content and activities of such linked sites. However, we want to protect the integrity of our Site and thus welcome any feedback you may have about third-party sites we link to.
IX. Children’s Privacy
The Site is not directed toward children under the age of 18. We do not promote our products or services online to minors, and we do not intentionally collect any personally identifiable information from any person under 18. If we become aware of having collected personal information from children under the age of 18 without valid consent from their respective parents or guardians, we will delete is as soon as practicable.
X. Changes to your personal information
You are not required to supply any of the personal information that we may request, except where such information is necessary for the performance of (or to enter into) a contract with you or is otherwise required by applicable law. However, failure to do so may result in our being unable to accept your business or provide services to you. We will make every effort to ensure that all information that we hold about you is accurate, complete and up to date. You can help in this regard by promptly notifying us at the address listed below if there are any changes to your personal information.
XI. Changes to this Privacy Notice
We may update this Privacy Notice periodically, without prior notice, so please review it frequently. If we decide to change our Privacy Notice, we will post those changes on the Site so that you are aware of what kinds of personal information we collect, use, share and otherwise process. If we make material changes to this Privacy Notice, we will notify you on this Site, update the effective date above, and provide you with notice as required by applicable law.
XII. Privacy rights
We are committed to providing individuals with reasonable and appropriate access to their personal information. If you believe that we are processing personal information about you and wish to have access to that information, we can provide you with that data or at least an explanation of why we cannot do so in the particular context, such as where the request is manifestly unfounded or excessive. We are happy to correct inaccurate data or delete information that is not appropriate to retain. Please also let us know if you have any questions, concerns, disputes or issues.
Depending on your residency, you may have certain rights relating to your personal information. To find out what rights are applicable to you or to request to exercise any of these rights please email IR@ag-capinv.com.
The rights described herein are not absolute and we reserve all of our rights available to us at law in this regard. Rights vary by country (and in the United States, by state), but may include the rights set out below:
- Access or Right to Know. The right to confirm with us whether your personal information is processed, and if it is, to request access to that personal information including the categories of personal information processed, the purpose of the processing and the recipients or categories of recipients. We do have to take into account the interests of others though, so this is not an absolute right, and where permitted by law, such as if you want to request multiple copies, we may charge a fee.
- Rectification or Right to Correct. You may have the right to rectify inaccurate or incomplete personal information concerning you.
- Erasure or Right to Delete. In limited circumstances, you may have the right to ask us to erase personal information concerning you.
- Restriction. The right to ask us to restrict the processing of your personal information in certain circumstances, for example, if you believe that your personal information held by us are inaccurate, if processing of your personal information is unlawful, or if we no longer need your personal information for the purposes for which they were collected, but you require your personal information to establish, exercise or defend legal claims.
- Data Portability. The right to receive personal information concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit that data to another entity.
- Right to Object. Under certain circumstances you may have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal information, including profiling, by us and we can be required to no longer process your personal information. This may include requesting human intervention in relation to an automated decision so that you can express your view and to contest the decision.
- Opt-out of Sale or Sharing or Targeted Advertising. The right to opt-out of the “sale” or “sharing” of your personal information, as those terms are defined under the CCPA, or “targeted advertising,” as defined under other state privacy laws, which includes many disclosures for purposes of cross-contextual behavioral advertising.
- Sensitive Personal Information. The right to limit our use of information defined as “sensitive” under applicable privacy laws.
- Non-Discrimination. The right not to be retaliated or discriminated against for exercising any of these rights in good faith.
- Marketing. The right at any time to ask us not to process your personal information for direct marketing purposes, including profiling if it is related to such direct marketing. If you object to the processing for direct marketing purposes we will no longer process your personal information for such purposes.
- Complaint. If you are based in the UK and you have concerns about our handling of your personal information, you have the right to lodge a complaint with the Information Commissioner’s Office (ico.org.uk), which is the UK’s supervisory authority for data protection issues. If you are based in the EU, you have the right to lodge a complaint with the relevant supervisory authority, details of which are on the European Data Protection Board (EDPB) website, depending on the country in which you are based (https://edpb.europa.eu/edpb_en).
If we retain your personal information only in de-identified form, we will not attempt to re-identify your data in response to a Data Subject Rights request.
If you make a request related to personal information about you, we will need to verify your identity. To do so, we will request that you match specific pieces of information you have provided us previously, as well as, in some instances, provide a signed declaration under penalty of perjury that you are the individual whose personal information is the subject of the request. If it is necessary to collect additional information from you, we will use the information only for verification purposes and will delete it as soon as practicable after complying with the request. For requests related to particularly sensitive information, we may require additional proof of identification. If you make a request through an authorized agent, we will require written proof that the agent is authorized to act on your behalf. We will process your request within the time provided by applicable law.
XIII. California Shine the Light
In addition to other rights that may be provided to California residents, California law permits users of our websites who are California residents to request certain information about how their information is shared with third parties for direct marketing purposes. If you would like to make such a request, please email IR@ag-capinv.com.
XIV. Contacting Us
If you have any questions or concerns about this Privacy Notice, please contact us at:
AG Capital Management Partners, LP
75 State St., Suite 100
Boston, MA 02109,