To read the Japanese Form 21-3 please click here.

EU Investor Privacy Policy

This EU Privacy Policy applies to the extent that EU Data Protection Legislation applies to the processing of personal data by an Authorized Entity or to the extent that a data subject is a resident of the UK, the European Union (“EU”) or the European Economic Area (“EEA”). If this EU Privacy Policy applies, the data subject has certain rights with respect to such personal data, as outlined below. 

For this EU Privacy Policy, “EU Data Protection Legislation” means all applicable legislation and regulations relating to the protection of personal data in force from time to time in the EU, the EEA, or the UK, including Regulation (EU) 2016/679 (the General Data Protection Regulation), the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Data Protection (Processing of Sensitive Personal Data) Order 2000, or any other legislation which implements any other current or future legal act of the European Union concerning the protection and processing of personal data (including and any national implementing or successor legislation), and including any amendment or re-enactment of the foregoing. The terms “data controller”, “data processor”, “data subject”, “personal data” and “processing” in this EU Privacy Policy shall be interpreted in accordance with the applicable EU Data Protection Legislation.

Please contact DataProtection@kpsfund.com with any queries arising out of this EU Privacy Policy.

Categories of personal data collected and lawful bases for processing

In connection with offering, forming and operating private investment funds for potential investors, the Fund, its Affiliates and, in each case, their administrators, legal and other advisors and agents (the “Authorized Entities”) collect, record, store, adapt, and otherwise process and use personal data either relating to potential investors or to their partners, officers, directors, employees, shareholders, ultimate beneficial owners or affiliates or to any other data subjects from the following sources (and all references to “potential investor(s)” in this EU Privacy Policy shall be to such potential investor(s) and, as applicable, any of these other persons as relate to such potential investor(s)):

a)      information received in telephone conversations, in voicemails, through written correspondence, via e-mail, or on subscription agreements, investor questionnaires, applications or other forms (including, without limitation, any anti-money laundering, identification, and verification documentation);

b)      information about transactions with any Authorized Entity or others;

c)      information captured on any Authorized Entity’s website, fund data room and/or investor reporting portal (as applicable) including registration information, any information provided through online forms and any information captured via “cookies”; and

d)      information from available public sources, including from:

  • publicly available and accessible directories and sources;
  • bankruptcy registers;
  • tax authorities, including those that are based outside the UK and the EEA if you are subject to tax in another jurisdiction;
  • governmental and competent regulatory authorities to whom any Authorized Entity has regulatory obligations;
  • credit agencies; and
  • fraud prevention and detection agencies and organizations.

Any Authorized Entity may process the following categories of personal data:

a)      name, date of birth and birth place;

b)      contact details and professional addresses (including physical address, email address and telephone number);

c)      account data and other information contained in any document provided by potential investors to the Authorized Entities (whether directly or indirectly);

d)      information regarding your use of our website, fund data room and investor reporting portal (e.g., cookies, browsing history and/or search history)

e)      risk tolerance, transaction history, investment experience and investment activity;

f)      information regarding a potential investor’s status under various laws and regulations, including their social security number, tax status, income and assets;

g)      accounts and transactions with other institutions;

h)      information regarding a potential investor’s interest in the Fund, including ownership percentage, capital investment, income and losses;

i)      information regarding a potential investor’s citizenship and location of residence;

j)      source of funds used to make the investment in the Fund; and

k)      anti-money laundering, identification (including passport and drivers’ license), and verification documentation.

Any Authorized Entity may, in certain circumstances, combine personal data it receives from a potential investor with information that it collects from, or about such potential investor. This will include information collected in an online or offline context.

One or more of the Authorized Entities are “data controllers” of personal data collected in connection with the Fund. In simple terms, this means such Authorized Entities: (i) “control” the personal data that they or other Authorized Entities collect from potential investors or other sources; and (ii) make certain decisions on how to use and protect such personal data.

There is a need to process personal data for the purposes set out in this EU Privacy Policy as a matter of contractual necessity under or in connection with the partnership agreement and associated Fund documentation, and in the legitimate interests of the Authorized Entities (or those of a third party) to operate their respective businesses. From time to time, an Authorized Entity may need to process the personal data on other legal bases, including: with consent; to comply with a legal obligation; if it is necessary to protect the vital interests of a potential investor or other data subjects; or if it is necessary for a task carried out in the public interest.

A failure to provide the personal data requested to fulfil the purposes described in this EU Privacy Policy may result in the applicable Authorized Entities being unable to provide the services in connection with the partnership agreement and/or the subscription agreement.

Purpose of processing

The applicable Authorized Entities process the personal data for the following purposes (and in respect of paragraphs (c), (d) and (f), in the legitimate interests of the Authorized Entities):

a)      The performance of obligations under the partnership agreement and/or the subscription agreement (and all applicable anti-money laundering, KYC and other related laws and regulations) in assessing suitability of potential investors in the partnership.

b)      The administrative processes (and related communication) carried out between the Authorized Entities in preparing for the admission of investors to the partnership.

c)      Ongoing communication with potential investors, their representatives, advisors and agents, (including the negotiation, preparation and signature of documentation) during the process of admitting potential investors to the partnership.

d)      The ongoing administrative, accounting, reporting and other processes and communications required to operate the business of the partnership in accordance with the partnership agreement and other applicable documentation between the parties.

e)      Any legal or regulatory requirement.

f)      Keeping investors informed about the business of the Fund and its Affiliates generally, including offering opportunities to make investments other than to the partnership.

g)      Any other purpose that has been notified, or has been agreed, in writing.

The Authorized Entities monitor communications where the law requires them to do so. The Authorized Entities also monitor communications, where required to do so, to comply with regulatory rules and practices and, where permitted to do so, to protect their respective businesses and the security of their respective systems.

Sharing and transfers of personal data

In addition to disclosing personal data amongst themselves, any Authorized Entity may disclose personal data, where permitted by EU Data Protection Legislation, to other service providers, employees, agents, contractors, consultants, professional advisers, lenders, data processors and persons employed and/or retained by them in order to fulfil the purposes described in this EU Privacy Policy. In addition, any Authorized Entity may share personal data with regulatory bodies having competent jurisdiction over them, as well as with the tax authorities, auditors and tax advisers (where necessary or required by law).

Any Authorized Entity may transfer personal data to a Non-Equivalent Country (as defined below), in order to fulfil the purposes described in this EU Privacy Policy and in accordance with applicable law, including where such transfer is a matter of contractual necessity to enter into, perform and administer the subscription agreement and partnership agreement, and to implement requested pre-contractual measures. For information on the safeguards applied to such transfers, please contact DataProtection@kpsfund.com.  For the purposes of this EU Privacy Policy, “Non-Equivalent Country” shall mean a country or territory other than (i) a member state of the European Economic Area; or (ii) a country or territory which has at the relevant time been decided by the European Commission in accordance with EU Data Protection Legislation to ensure an adequate level of protection for personal data.

Retention and security of personal data

KPS and its Affiliates consider the protection of personal data to be a sound business practice, and to that end, employ appropriate technical and organizational measures, including robust physical, electronic and procedural safeguards to protect personal data in their possession or under their control.

Personal data may be kept for as long as it is required for legitimate business purposes, to perform contractual obligations, or where longer, such longer period as is required by applicable legal or regulatory obligations. Personal data will be retained throughout the life cycle of any investment in the Fund. However, some personal data will be retained after a data subject ceases to be an investor in the Fund.

Data Subject Rights

It is acknowledged that, subject to applicable EU Data Protection Legislation, the data subjects to which personal data relates, have certain rights under EU Data Protection Legislation: to obtain information about, or (where applicable) withdraw any consent given in relation to, the processing of their personal data; to access and receive a copy of their personal data; to request rectification of their personal data; to request erasure of their personal data; to exercise their right to data portability; and the right not to be subject to automated decision-making. Please note that the right to erasure is not absolute and it may not always be possible to erase personal data on request, including where the personal data must be retained to comply with a legal obligation. In addition, erasure of the personal data requested to fulfil the purposes described in this EU Privacy Policy, may result in the inability to provide the services required pursuant to the subscription agreement and the partnership agreement.

In case the data subject to whom personal data relate disagrees with the way in which their personal data is being processed in relation to the subscription agreement or the partnership agreement, the data subject has the right to object to this processing of personal data and request restriction of the processing. The data subject may also lodge a complaint with the competent data protection supervisory authority in the relevant jurisdiction.

The data subject may raise any request relating to the processing of his or her personal data with the DataProtection@kpsfund.com.

 

 

KPS Non-EU Investor Privacy Policies & Practices

 

KPS Capital Partners, LP and its affiliates (“KPS”, “We”) are committed to handling information about you responsibly and would like to let you know that we recognize and respect your right to privacy.  We are providing this notice to you so that you will know what kinds of information we collect about you and the circumstances in which that information may be disclosed to third parties.  This notice relates to any individual investor in a fund sponsored by KPS (each, a “Fund”) who provides nonpublic personal information to a Fund.

 

Collection of Nonpublic Personal Information:

We collect nonpublic personal information about you from the following sources:

•           Information we receive from you through subscription agreements, other forms or agreements (including, without limitation, any anti-money laundering, identification, and verification documentation), and correspondence (written, telephonic or electronic), such as your name, address, tax identification number, assets, income and amounts or types of your investments; and

•           Information about your transactions with us, our affiliates, and nonaffiliated third parties, such as your capital account balance, other account data, and participation in other investments.

•           Information captured on our website, fund data room and/or investor reporting profile (as applicable), including registration information, information provided through online forms and any information captured via “cookies.”

Disclosure of Nonpublic Personal Information:         

We may disclose all of the information that we collect, as described above, to affiliates or nonaffiliated third parties only if it is:

•           Authorized by you - if you request or authorize the disclosure of the information; or

•           Permitted by Law - for example, sharing information with companies who maintain or service customer accounts for us is permitted and is essential for us to provide you with necessary or useful services with respect to your investment.

Categories of Third Parties to Whom Nonpublic Personal Information is Disclosed:

KPS and the Funds do not disclose, and do not reserve the right to disclose, any nonpublic personal information about our investors to any affiliates or nonaffiliated third parties, except disclosures for everyday business purposes, such as to process transactions, maintain accounts, secure financing, or respond to court orders and legal investigations.

Categories of Contracted Third Parties to Whom Nonpublic Personal Information is Disclosed:

KPS and the Funds may disclose the following nonpublic personal information to a third party service provider performing marketing services on our behalf, such as a placement agent:

•           Information we receive from you through subscription agreements, other forms or agreements, and correspondence (written, telephonic or electronic), such as your name, address, tax identification number, assets, income and amounts or types of your investments; and

•           Information about your transactions with us, our affiliates, and others, such as your capital account balance, other account data, and participation in other investments.

We require such third parties to protect the confidentiality of your nonpublic personal information and to use the information only for purposes for which it is disclosed to them.

Information about Former Investors:

We will adhere to the policies and practices described in this notice regardless of whether you are a current or former investor in a Fund.

The Funds’ Security Policies and Practices:  

We restrict access to nonpublic personal information about you solely to those Employees who need to know that information to provide products or services to you.  We maintain physical, electronic, and procedural safeguards that comply with federal regulations, which seek to guard your nonpublic personal information.

CCPA Privacy Policy - Privacy Supplement for California Residents

This notice supplements the Privacy Notice set forth above with respect to specific rights granted under the California Consumer Privacy Act of 2018 (the “CCPA”) to natural person California residents, and provides information regarding how such California residents can exercise their rights under the CCPA.  This supplement is only relevant to you if you are a resident of California as determined in accordance with the CCPA.  Information required to be disclosed to California residents under the CCPA regarding the collection of their personal information that is not set forth in this CCPA supplement is otherwise set forth above in the Privacy Notice. To the extent there is any conflict with the privacy requirements under the Gramm-Leach-Bliley Act and/or Regulation S-P (“GLB Rights”), GLB Rights shall apply.

Categories of Personal Information We Collect: We have collected some or all of the following categories of personal information from individuals within the last twelve (12) months:

  • Identifiers, such as name, contact details and address (including physical address, email address and Internet Protocol address), and other identification (including social security number, passport number and drivers’ license or state identification card number);
  • Other customer records, such as telephone number, signature, bank account number, other financial information (including accounts and transactions with other institutions and anti-money laundering information), and verification documentation and information regarding investors’ status under various laws and regulations (including social security number, tax status, income and assets);
  • Protected classification characteristics under California or federal law, such as date of birth, citizenship and birthplace;
  • Commercial information, such as account data and other information contained in any document provided by investors to authorized service providers (whether directly or indirectly), risk tolerance, transaction history, investment experience and investment activity, information regarding a potential and/or actual investment in the applicable fund(s), including ownership percentage, capital investment, income and losses, source of funds used to make the investment in the applicable fund(s); and
  • Internet or other electronic network activity information, such as information regarding your use of our website, fund data room and investor reporting portal (e.g., cookies, browsing history and/or search history), as well as information you provide to us when you correspond with us in relation to inquiries.

Within the last twelve (12) months, we have shared each of the categories of personal information collected with affiliates and third-party service providers as set forth in “Disclosure of Nonpublic Personal Information” in the Privacy Notice above, and we collect personal information from the sources set forth in “Collection of Nonpublic Personal Information” in the Privacy Notice above.

Purposes for Collecting Personal Information: We may collect or share the personal information we collect about you for one or more of the following business or commercial purposes:

  • performing services to you, including but not limited to:
    • the administrative processes (and related communication) in preparing for the admission of investors to the fund(s);
    • ongoing communication with potential investors, their representatives, advisors and agents (including the negotiation, preparation and signature of documentation) during the process of admitting potential investors to the fund;
    • the performance of obligations under the governing documents of the funds (and all applicable anti-money laundering, KYC and other related laws and regulations) in assessing suitability of potential investors in the applicable fund;
    • ongoing operations, administrative, accounting, reporting, account maintenance and other processes and communication required to operate the business of the funds in accordance with its governing documents and other documentation between the parties, including customer service, processing or fulfilling transactions, verifying personal information, processing contributions and distributions and financing;
    • keeping investors informed about the business of the general partner or managing member of the applicable fund and its affiliates generally, including offering opportunities to make investments other than to the applicable fund and related advertising;
    • auditing and verifications related to investor interactions, including but not limited to, verifying the quality and effectiveness of services and compliance;
    • detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity; and
    • complying with U.S., state, local and non-U.S. laws, rules and regulations.

We do not sell any of the personal information we collect about you to third parties.

Deletion Rights: You have the right to request that we delete any of your personal information that we retain, subject to certain exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations.

Disclosure and Access Rights: You have the right to request that we disclose to you certain information regarding our collection, use, disclosure and sale of personal information specific to you over the last twelve (12) months. Such information includes:

  • The categories of personal information we collected about you;
  • The categories of sources from which the personal information is collected;
  • Our business or commercial purpose for collecting such personal information;
  • Categories of third parties with whom we share the personal information;
  • The specific pieces of personal information we have collected about you; and
  • Whether we disclosed your personal information to a third party, and if so, the categories of personal information that each recipient obtained.

No Discrimination: We will not discriminate against you for exercising your rights under the CCPA, including by denying service, suggesting that you will receive, or charging, different rates for services or suggesting that you will receive, or providing, a different level or quality of service to you.

How to Exercise Your Rights: To exercise any of your rights under the CCPA, or to access this notice in an alternative format, please submit a request using any of the methods set forth below.

Call us using the following toll-free number: 833-577-2667.

Submit a request online using the form available on our website at http://kpsfund.com.

Email us at the following email address: DataProtection@kpsfund.com.

We will contact you to confirm receipt of your request under the CCPA and request any additional information necessary to verify your request.  We verify requests by matching information provided in connection with your request to information contained in our records. Depending on the sensitivity of the request and the varying levels of risk in responding to such requests (for example, the risk of responding to fraudulent or malicious requests), we may request your investor portal access credentials in order to verify your request.  You may designate an authorized agent to make a request under the CCPA on your behalf, provided that you provide a signed agreement verifying such authorized agent’s authority to make requests on your behalf, and we may verify such authorized person’s identity using the procedures above.

Our goal is to respond to any verifiable consumer request within forty-five (45) days of our receipt of such request. We will inform you in writing if we cannot meet that timeline.  Please contact DataProtection@kpsfund.com with any questions about this Privacy Notice.