Website Privacy Policy

Overview

Cross Ocean Partners Management LP and Cross Ocean Adviser LLP (alternately, “Cross Ocean”, “we”, “usorour”) respects your privacy and are committed to complying with this website privacy policy (“Privacy Policy”), which describes what information we collect about you, including how we collect it, how we use it, with whom we may share it and what choices you have regarding our use of your information.  

Cross Ocean is a data controller in respect of the information this Privacy Policy applies to. A data controller is responsible for deciding how to hold and use personal data about you. We may process your personal data ourselves or through others acting as data processors on our behalf.

This Privacy Policy applies to information collected on our website located at www.crossoceanpartners.com (the “Site”), all interactive features, applications, widgets, social networks and social network “tabs”, and other online or wireless offerings that post a link to this Privacy Policy, whether accessed via computer, mobile device or other technology or any associated content, material, or functionality contained on the Site (collectively, the “Services” and, together with the Site, the “System”).

The General Data Protection Regulation (“GDPR”) applies to the processing of personal data in the context of the activities of an establishment in the European Economic Area (“EEA”), as well as to firms outside the EEA that process personal data relating to the offering of services to individuals in the EEA. Please note that certain sections of this Privacy Policy, as identified below, only apply where the GDPR applies to the processing of your personal data

For the avoidance of doubt, this Privacy Policy does not affect the terms of any privacy policy set out in a subscription document a user may have in place with Cross Ocean or its advised or sub-advised funds (a “Subscription Privacy Policy”), and to the extent that the terms of this Privacy Policy and the terms of a Subscription Privacy Policy conflict, the terms of that user’s Subscription Policy prevail.

Changes to our Privacy Policy

We may change this Privacy Policy at any time.  The most recent version of the Privacy Policy is reflected by the version date located at the bottom of this Privacy Policy. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of this Privacy Policy or other notice on the Site. You should view this Privacy Policy often to stay informed of changes that may affect you. We expressly reserve the right to make any changes to this Privacy Policy at any time, without prior notice to you. The version of this Privacy Policy posted on the Site on each respective date you visit the Site shall be the Privacy Policy applicable to your access and use of the System on that date.

What information do we collect?

As described in detail below, we collect certain identifying information from or about you in connection with your use of, or any of your submissions to, the System (collectively, the “Collected Information”).  Collected Information includes, without limitation, any information that may be used to identify an individual, including, but not limited to, a first and last name, a phone number or an email address. The purposes for which we may collect, store and use personal data about you and our ‘lawful basis’ for processing such data are set out in the table below. The law specifies certain ‘lawful bases’ for which we are allowed to use your personal data.

Purpose

1.     To correspond with you, send you information or promotional materials that you have requested.

 2.     Corresponding with third parties such as service providers, legal advisors, auditors and technology providers and regulatory authorities to comply with any legal obligation imposed on us or in order to pursue our legitimate business interests.

 3.     To maintain our records.

 4.     To operate the System and deliver the Services, including to provide certain services and improve the user experience, maintain System integrity and security, conduct research and analysis to maintain, protection, develop, and improve the System. This may include analysing your use of our System.

Lawful Basis for Processing

1.     Our legitimate interests in responding to your enquiry, sending you the information you have requested or otherwise communicating with you in the course of our business.

2.     Compliance with applicable legal obligations. Our legitimate interests in conducting our business in a proper manner.

3.     Our legitimate interests in conducting our business in a proper manner.

4.     Our legitimate interests in studying how our System and Services are used, keeping our website updated and relevant, to develop our business and inform our marketing strategy.

In addition to the uses above, please note that we may also process your information where we are required by law to do so or if we reasonably believe that it is necessary to protect our rights and/or to comply with judicial or regulatory proceedings, a court order or other legal process.

How do we collect this information?

We typically collect personal data about you when you provide information to us when communicating or transacting with us in writing by filling in forms or by corresponding with us by post, phone, e-mail or otherwise. For instance, when you request information from us or otherwise correspond with us. As you interact with our website, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy (http://www.crossoceanpartners.com/cookie-policy) for further details.

Correspondence

We appreciate your questions and comments about the System and Services and welcome your messages at our “Contact Us” page, which you can find here: http://www.crossoceanpartners.com/contact/. If you correspond with Cross Ocean through the System or via email, the Collected Information may include the content of, and metadata regarding, any correspondence you may have with us. We may share your messages with those within our organization who are most capable of addressing the issues contained in your message. We may archive your message for a certain period of time or discard it.

With whom do we share information that we collect?

In addition to the uses mentioned or described elsewhere in this Privacy Policy or in the Terms, we may catalogue and add Collected Information to our database.

We do not sell, rent, or lease our user lists or the identity of individual users to third parties. However, Cross Ocean may use and disclose certain aggregated, anonymized information, such as System usage data, to our trusted business partners. As this information has been anonymized it can no longer identify you and is no longer personal data.

Cross Ocean does not disclose personal data about its clients to non-affiliated third parties, except as required or permitted by law, for its everyday business purposes (such as to process transactions or service a client account), or pursuant to joint marketing agreements that are subject to contractual and legal restrictions. Under certain circumstances, Cross Ocean may also disclose Collected Information if we become subject to a subpoena or court order, or if we are otherwise legally required to disclose information. We may also use and disclose Collected Information to establish or exercise our legal rights, to enforce the Terms, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.

As Cross Ocean grows and develops its business, it is possible that its corporate structure or organization might change or that it might merge or otherwise combine with, or that it or portions of its business might be acquired by, another company. In any such transactions, Collected Information may also transfer.

We may need to share your personal data with:

·       other entities within our group as part of our regular reporting activities in company performance, in the context of a business reorganisation or group restructuring exercise or for assistance in relation to marketing and business development;

·       professional advisers including lawyers, bankers, auditors and insurers to the extent such information is relevant to their performance of their services;

·       regulators; and

·       any of our service providers where such information is relevant to their performance of such services.

How long will we retain your information?

We will retain your personal data for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements and our legitimate interests in maintaining such personal information in our records. In doing this we will have regard to the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. Generally, we will keep information relevant to our dealings with you for a minimum period of 7 years following the last date of activity or longer as required by applicable law or regulation.

In some circumstances your personal data may be anonymised so that it can no longer be associated with you, in which case it is no longer personal data.

Once we no longer require your personal data for the purposes for which it was collected, we will securely destroy your personal data in accordance with applicable laws and regulations.

What choices do you have?

When submitting information, corresponding, making requests for information, and otherwise interacting with Cross Ocean and its representatives through or in connection with the System, you choose what information to supply or submit, whether you wish to receive further information, and how you may be contacted. You are not required or obliged to share such information and should only share information that you believe is necessary or appropriate. However, please note that our website may automatically collect certain technical data (further details on this are in the ‘How do we collect this information?’ section).

Your rights in relation to your information

Where the GDPR applies to the processing of your personal data, you have rights as an individual which you can exercise in relation to the information we hold about you under certain circumstances. These rights are to:

·       request access to your personal data (commonly known as a “data subject access request”) and request certain information in relation to its processing;

·       request rectification of your personal data;

·       request the erasure of your personal data;

·       request the restriction of processing of your personal data;

·       object to the processing of your personal data;

·       request the transfer of your personal data to another party.

If you want to exercise one of these rights please contact us at IS@crossoceanpartners.com.

You also have the right to make a complaint at any time to a supervisory authority for data protection issues.

Fees

You will not usually have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is manifestly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

How do we protect information collected about you?

Cross Ocean takes commercially reasonable measures to secure and protect information transmitted via or stored on the System. Nevertheless, no security system is impenetrable. We cannot guarantee that information that users of the System may happen to transmit or otherwise supply will be totally secure. You agree to immediately notify us of any breach of System's security, this Privacy Policy or the Terms of which you become aware.

User-provided content

Any information, communications, or material of any type or nature that you submit to the Website by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk.  We cannot control the actions of other users of the System and we are therefore not responsible for any Submissions contained on the Website. By visiting any of our pages that are contained on the Website, you are representing and warranting to us that you have reviewed this Privacy Policy and the Terms and that you will abide by all such provisions contained therein.

Social media platforms and websites

Any Submission that you submit to any of our pages contained on a social media platform or website by e-mail, posting, messaging, uploading, downloading, or otherwise is done at your own risk.  We cannot control the actions of other users of a social media platform and we are therefore not responsible for any Submissions contained on a social media platform or website. By visiting any of our pages that are contained on any social media platform or website, you are representing and warranting to us that you have reviewed the applicable privacy policy and terms of use of such website or social media platform and that you will abide by all such provisions contained therein.

Children

The System (including the Site and Services included therein) is intended for a general audience and is not intended for use or view by children. We do not knowingly collect information about children or sell products to children. Consistent with the US’s Children's Online Privacy Protection Act, we will not knowingly collect any information from children.

Visiting the System from outside the United States

If you are visiting the System, or any part thereof, from outside of the United States of America, please be aware that your information may be transferred to, stored or processed in the United States as our website is hosted there and also in order for us to correspond with you or otherwise provide the information you have requested where our United States partnership is better placed to correspond with you.

The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to protect your privacy. Where this is the case, we will (or will require a processor to) put in place appropriate safeguards such as the EEA-approved standard contractual clauses to ensure that your personal data is treated in a manner that is consistent with and respects the EEA laws on data protection. In particular, we have put in place standard contractual clauses to regulate the processing of personal data which is transferred from Cross Ocean Adviser LLP (in the UK) to Cross Ocean Partners Management LP (in the United States).  If you require further information about this you can request it from IS@crossoceanpartners.com.

Do Not Track Requests

California and Delaware laws require that we indicate whether we honour “Do Not Track” settings in your browser concerning targeted advertising. “Do Not Track” is a standard that is currently under development. As it is not yet finalized, we adhere to the standards set out in this Privacy Policy and do not monitor or follow any Do Not Track browser requests.

This Privacy Policy was last updated on 30 October 2018.