Privacy Notice – Updated June 2020
Your privacy is important to Marlin Equity Partners (“Marlin”) and our private funds. We are committed to protecting your privacy when you provide information to us, including information that is personally identifiable. This notice explains our personal information policies and practices, including the purposes for which we may collect your information, the circumstances in which we may disclose that information to third parties, and the measures we take to secure the confidentiality of your information. The notice also provides contact information you may use to address any privacy concerns you may have or to exercise your right to limit or control the data we collect from you.
By continuing to browse our website, you accept our policies and practices as described in this Privacy Notice.
Collection and Use of Your Personal Information
We may collect information from you when you visit our website to browse, obtain information, or otherwise interact or correspond with us. In addition, as part of our obligation to comply with all applicable laws and regulations, we may indirectly collect information from you by storing and monitoring emails you send to us and other network traffic.
The kinds of personally identifiable information we collect from you will vary depending on how you use our website and the services that we provide to you, but may include:
• Identifiers such as names, addresses, e-mail addresses, dates of birth, ID card and passport numbers, and IP addresses;
• Other visitor records such as phone numbers, signatures, bank account numbers, tax ID numbers, and information regarding investors’ status under applicable laws;
• Protected classification characteristics under California or U.S. law such as nationality, birthplace, and date of birth;
• Commercial information such as account data, risk tolerance, investment experience and activity;
• Information regarding your online activity such as your use of our website, data rooms, and investor reporting portals; and
• Other data you provide us so we can provide our services to you.
We do not knowingly collect any “special categories” of personal data relating to you (for example, data relating to health, ethnicity, or religious beliefs).
Personal Data and Personal Information
Personal data, as defined under the EU Data Protection Legislation (defined below), is any information that identifies, or can be used to identify, an individual. Personal information, as defined by the California Consumer Privacy Act (“CCPA”), includes personally identifiable information but also extends to categories of data that can be associated with a particular household or device. Much of the information we may collect from you, which is described above, would be considered personal data, personal information, or both. In this privacy notice, we use the terms interchangeably.
Automated Methods of Processing Information
We do not use automation to process personal information collected through this website.
Lawful Basis of Gathering Information
In general, we process and store your personal data to fulfill our contractual obligations to you (i.e., for the purpose of taking the steps required to enter into contracts with you and on the basis of contractual necessity), to comply with applicable law and regulations, and/or to promote our legitimate interests in operating our businesses (including in enhancing your browsing experience and preventing money laundering and fraud). From time to time, we may need to process your personal data on other legal bases, including with consent (which we will obtain from you if required), if it is necessary to protect the vital interests of a potential investor or other data subjects, or if necessary for a task carried out in the public interest.
Sources of Personal Information
We collect personal information you submit to us, including in subscription materials for investment in our limited partnerships and parallel funds, emails that you send to us, phone calls with our staff, submissions through our website, and other communications. We may also collect data automatically submitted through our website by your computer or mobile device, such as cookies, browsing history, and search history, and information from other publicly available sources to fulfill our legal and regulatory obligations such as the prevention of fraud and money laundering.
Uses of Personal Information
We collect your personal information for a variety of purposes such as (i) to contact you or your designated representative regarding partnership and other business and in the performance of our contractual and legal obligations in that regard, (ii) to create and manage your accounts with Marlin and our service providers and other administrative processes in relation to the provision of our services to you, (iii) to improve our website and services, (iv) to share information about our services (including the opportunity to make investments in other products or receive other services), (v) to enhance the quality and effectiveness of our communications with clients and investors, (vi) to detect security incidents and protect against malicious or deceptive activity, (vii) to manage employment applications, (viii) to detect security incidents and protect against malicious activity, and (ix) to fulfill our legal and regulatory obligations.
If you are currently receiving information or marketing communications from us, you may opt-out from receiving such communications at any time by contacting us using the details at the end of this privacy notice or using other unsubscribe functions provided in our communications with you (as applicable).
When and How We Share Personal Information
We may share your personal information with various Marlin personnel, our affiliated investment advisers, general partners, consulting firm, and private funds, our business partners, and third parties such as our private fund administrator, professional advisors, regulatory or governmental bodies, cloud storage and backup providers, client relationship management software provider, insurers, and others. If Marlin is involved in a merger, acquisition, or sale of all or some of its assets, users’ personal information may be transferred to the actual or potential acquiring party.
We share personal information for a variety of purposes including, but not limited to, the following:
• Within Marlin and with our affiliates, subsidiaries, and service providers to operate our business, deliver and improve our financial services, market our investment advisory services to you, and for data processing and storage purposes.
• In response to requests from law enforcement, government authorities, relevant regulatory authorities, tax authorities, or other third parties as necessary to comply with law, regulation, or legal processes such as subpoenas and document requests, or as required by anti-money laundering and tax information exchange rules.
• To protect our property or the safety and security of you or others.
• For purposes other than that for which the personal information was collected once we have notified you and received your consent.
We do not disclose your personal information other than as described above, except as permitted or required by law or regulation. We do not sell your data to third parties. To limit our sharing of your personal information for marketing purposes, please contact us using the details provided below.
Third Party Links
Our website includes links to third-party websites for your convenience. These websites operate independently from Marlin and we are not responsible for their content.
When you apply for an employment opportunity posted on our website, you will be redirected to Cornerstone OnDemand® (www.csod.com), a talent management service provider. You will be asked to submit information relevant to the hiring consideration process such as your name, contact information, work and education history, and other personal details.
For more privacy-related information regarding third-party sites, please refer to the relevant site’s privacy information page.
Transfers of Personal Information from the EU (or EEA), or the Cayman Islands, to the US and Other Countries
Marlin may transfer your personal information within our organization and to third parties, including service providers. In some cases, these transfers may transmit your data to, or involve the processing and storage of your data in, a country other than the one in which the information was collected. Data collected within the European Union (the “EU”) or the European Economic Area (the “EEA”) may be transferred to countries with data protection laws that differ materially from those in the country of collection.
We have implemented procedures to ensure that appropriate safeguards are in place to protect your personal information when it is transferred to the US or other countries. All such international transfers of personal information will only be made to parties that have adopted binding corporate rules meeting the requirements of GDPR, to US organizations that have opted in to GDPR compliance via the EU-US Privacy Shield, to countries that have been granted a European Commission adequacy decision, or to third parties pursuant to a written agreement containing European Commission-approved standard contractual clauses meeting the requirements of the EU Data Protection Legislation. Any transfer of data by our private funds established in the Cayman Islands shall be in accordance with the Data Protection Law, 2017 of the Cayman Islands (“DPL”), which may include the foregoing measures. For further information on how we safeguard and legitimize transfers of your personal data, please contact us using the details at the bottom of this privacy notice.
EU Data Protection Legislation and Rights Under the DPL
In this privacy notice, “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 (without limitation): Regulation (EU) 2016/679 (the General Data Protection Regulation), the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003, or any other legislation which implements any other current or future legal act of the EU or the UK concerning the protection and processing of personal data.
To the extent that the EU Data Protection Legislation applies to the personal data that we collect about you, this section of the privacy notice applies. For the purpose of this section of the privacy notice, Marlin Management Company, LLC is the controller of your personal data. In simple terms, this means that we (i) “control” the personal data that we collect about you, and (ii) make certain decisions on how to use and protect such personal data.
If the EU Data Protection Legislation applies to the personal data that we collect on you, then you have the following rights in relation to such personal data (which may be subject to certain exceptions in specific circumstances):
• To request access to, and receive a copy of, your personal data
• To request rectification of your personal data
• To take your data to another service provider (i.e., data portability)
• To request erasure of your personal data
• To restrict or object to the processing of your personal data
• To request the right not to be subject to automated decision making
In case you disagree with the way we process your personal data, you have the right to lodge a complaint with the data protection supervisory authority in your relevant jurisdiction.
In addition, if your consent was the legal basis for Marlin’s collection and processing of your personal data, you have the right to withdraw that consent at any time. However, your withdrawal of consent may not prevent our continued processing of your personal data if certain circumstances and exceptions apply.
Consumer Privacy Rights (California Residents)
Under the California Consumer Privacy Act (“CCPA”), consumers residing in California are granted the following rights (among others) regarding their personal information when it is collected and processed by a business.
You have the right to request that we delete any of your personal information that we retain, subject to certain statutory exceptions, including but not limited to our compliance with U.S., state, local, and non-U.S. laws, rules, and regulations. We will notify you in writing if we cannot comply with a specific request and provide an explanation of our decision.
Disclosure and Access Rights
You have the right to request that we disclose certain information regarding our collection and use of personal information specific to you over the last 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 the information
• The categories of third parties with which we share the personal information
• The specific pieces of personal information we have collected about you
• Whether we disclosed your personal information to a third party and, if so, the categories of personal information that each recipient received
Freedom from Discrimination
You have the right not to be discriminated against, by Marlin, for exercising your rights under the CCPA. Marlin will not deny services, charge or suggest that we will charge different rates for services, or provide or suggest that we will provide services of a different quality than those you would otherwise have received had you not exercised your rights.
How to Exercise Your Rights
California residents may exercise any of their rights under the CCPA by submitting a request using the contact details provided below.
Restricting Our Sharing for Specified Purposes
All natural person visitors to Marlin’s websites, regardless of their country of residence, have the ability to restrict our sharing of their confidential information with our affiliates and non-affiliates for marketing purposes, and to restrict our sharing of information regarding their creditworthiness with our affiliates for their everyday business purposes. Such restrictions may be requested by contacting Marlin’s Compliance Department using the contact details below.
Security of Personal Information
We are committed to protecting your personally identifiable information from unauthorized access and use. To that end, we have implemented and maintain appropriate technical, organizational, physical, and administrative safeguards and measures. Access to your personal information is restricted to those employees with a need to know.
Data Storage and Retention
Your personal information will be retained only so long as it is needed to fulfill the purposes for which it was collected and processed, whether to comply with our legal obligations, to reflect our legitimate business interests and business requirements, and/or to resolve ongoing legal disputes and enforce our agreements.
Marlin’s website is not intended for use by children and we do not knowingly collect personal information from persons under the age of sixteen. If we are made aware that a child has submitted personally identifiable information to us through this website, we will attempt to delete it.
Any examples contained within this notice are illustrations only and are not intended to be exclusive. This notice complies with the privacy provisions of Regulation S-P under the Gramm-Leach-Bliley Act, the EU Data Protection Legislation, DPL, and CCPA. You may have additional privacy rights under other applicable foreign or domestic laws.
Questions, Concerns or Complaints
If you have any questions, concerns, or complaints regarding our privacy practices or the information in this privacy notice, or would like to exercise your rights in relation to our processing of your personal information, please email us at email@example.com, submit a request using our online contact form, or call us toll-free at 1-833-451-0350. If the EU Data Protection Legislation applies to the personal data that we collect on you, you may also contact us by emailing EUprivacydata@marlinequity.com.
We strive to respond in a timely manner to verifiable requests, but in certain cases additional time may be required.