Privacy Policy

Privacy Notice

 

To Our Investors:

Carlson Capital, L.P., and our affiliates place a high priority on maintaining the confidentiality and security of your personal information. We have adopted internal procedures designed to protect this information from inappropriate disclosure. This Privacy Notice explains how we collect and use your personal data and which rights and options you have in this respect.

Responsibility

Carlson is a controller in respect of your personal data for the purposes of data protection law, such as the European Union’s General Data Protection Regulation (EU) 2016/679 (“EU GDPR”) and the EU GDPR as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 (the “UK GDPR”). Carlson is responsible for ensuring that we use your personal data in compliance with data protection laws.

In this Privacy Notice:

“Carlson”, “we”, “us” or “our” means the Carlson group which includes Carlson Capital, L.P., located at 2100 McKinney Avenue, Suite 1900, Dallas, TX 75201 and any of our affiliates; and

“Personal data” means any data which relates to a living individual who can be reasonably linked or identified, directly or indirectly, from that data or from that data and other information which is in the possession of, or is likely to come into the possession of, Carlson (or our representatives or service providers) as further defined in EU and UK GDPR. In addition to factual information, it includes any expression of opinion about any individual and any intentions of Carlson or any other person in respect of an individual.

Personal Data Collected

While the majority of the personal data we collect relates to the provision and support of financial products and services, the nature of our relationship with you will determine the kind of personal data we might collect. The personal data we collect and process about you includes:

  • Personal information, such as name, age, date of birth, gender, citizenship, occupation and marital status;
  • Contact information, such as current and previous address, telephone, email, in some cases both private and work-related contact details;
  • Identification documents or copies thereof, such as your passport, national identity card or driver's license;
  • A government-issued personal identifier, such as, depending on your country of residence, your Social Security Number, National Insurance Number, Tax File Number or Medicare Number etc.;
  • Information relating to your immediate family members and details relating to any senior political figures (e.g. senior military or government official) to whom you are connected;
  • Financial information, including source of wealth/funds, investment experience and objectives, records of products or services obtained or other past investments, risk tolerance and, in certain jurisdictions, information concerning your financial resources; Internet activity information, which may include information regarding your interaction with our website www.carlsoncapital.com (the “Website”) in the form of strictly necessary session cookies, as is more fully described in our Cookies Policy; and
  • Inferences that we may draw from personal information.

We will not collect additional categories of personal data without providing you with new notice and obtaining your explicit consent, unless we are entitled to do so by law.

Methods and Sources of Collection of Personal Data

We obtain the categories of personal data listed above from the following categories of sources:

  • Directly and indirectly from you or your agent(s). The personal data we collect regarding you comes primarily from information you submit to us that is contained in applications and other forms. Additionally, we will continue to collect additional information that we learn about you during the course of your relationship with us. This may include information derived from transactions or correspondence with us (including from telephone calls, video conferences, meetings conferences or through our Website). We also sometimes record telephone conversations and monitor email communications to resolve complaints, to improve our service, and in order to comply with our legal and regulatory requirements. Such recordings may result in the collection of personal data.
  • From third parties that interact with us in connection with the services we perform. We may also obtain your personal data from third parties. For example, from publicly available sources such as fraud prevention agencies, public databases, law enforcement databases and other databases as part of our due diligence process. Your personal data may also be provided to us, in connection with any business transaction or arrangement by your or our agents or advisers. Where you are an individual associated with a company or institution with which Carlson does business, your personal data will also be provided to us via that company or institution.
  • Directly and indirectly from your activity on our Website. See the below section on “Cookies and other Tracking Technologies”.

Cookies and other Tracking Technologies

We use cookies and other tracking technologies in order to make our Website work, or work more efficiently, as well as to provide certain information to us. We do not use cookies to track you over time across third party sites, or engage in online behavioral advertising based on your interactions with our website. Please note that our Website does not respond to web browser Do-Not-Track signals. For more information on the cookies used by us, please see our Cookie Policy at https://www.carlsoncapital.com/cookiespolicy.aspx.

Voluntary Provision of Personal Data

As a general principle, where you provide us with your personal data you do so entirely voluntarily. However, there are circumstances in which Carlson cannot proceed without certain of your personal data, for example because this personal data is required to process your instructions or orders, provide you with access to information or materials or to carry out any legal or regulatory obligations. In these cases, it will unfortunately not be possible for us to provide you with what you request without the relevant personal data, and we will notify you accordingly.

Purposes and Legal Basis of Use of Personal Data

We process and use each of the categories of personal data described above for the following business or commercial purposes:

  • To assess and process your application for our services and/or products, including to verify your identity and perform know-your-client procedures;
  • Where necessary, for taking steps to enter into or execute a contract with you for the services and/or products you request, or for carrying out our obligations under such a contract;
  • To comply with legal and regulatory obligations and industry standards, including regulatory checks (such as anti-money laundering checks);
  • To exercise and defend our legal rights anywhere in the world, including in relation to any litigation, disputes or contentious matter we are involved in and/or to assist with investigations, complaints, regulatory requests, litigation, arbitration or mediation;
  • To analyze and improve our services and products, and communications to you;
  • To engage in marketing, conduct market analysis and other promotional activities or events;
  • For general business administration, including communicating with you, communicating with service providers and counterparties, accountancy and audit services, risk monitoring and the administration of IT systems;
  • To monitor and improve our Website, services and products;
  • To protect the security of, and manage access to, our premises, IT and communication systems, online platforms, Website and other systems;
  • To prevent and detect security threats, fraud or other criminal or malicious activities;
  • To obtain insurance and pursue any claims under the same;
  • To monitor and assess compliance with our policies and standards;
  • To identify persons authorized to give instructions on behalf of our investors, clients, customers, suppliers and/or service providers; and/or
  • For any purpose related and/or ancillary to any of the above or any other purpose for which your personal data was provided to us.

We will not use the personal data we collected from you for materially different, unrelated, or incompatible purposes without providing you with notice and obtaining your consent.

We are entitled to process your personal data in these ways because:

  • We need to do so in order to perform our contractual obligations with you;
  • We have obtained your consent;
  • We have legal and regulatory obligations that we have to discharge;
  • We need to do so in order to establish, exercise or defend our legal rights or for the purpose of legal proceedings; and/or
  • The use of your personal data as described is necessary for our legitimate business interests, such as:
    • allowing us to effectively and efficiently manage and administer the operation of our business;
    • conducting market research or business analysis;
    • maintaining compliance with internal policies and procedures; and
    • promoting our business.

Sharing Your Personal Data

Carlson does not and will not sell, rent or trade your personal data and does not disclose your personal data except for the business or commercial purposes described in this Privacy Notice. Carlson has not sold your personal data to third parties for a business or commercial purpose in the preceding 12 months. Carlson does not sell the personal data of minors under 16 years of age. Our processing and use of your personal data, for the purposes specified in this Privacy Notice, includes disclosure of your personal data among Carlson and to the following categories of third parties:

  • To third parties such as transfer agents, administrators, or banks to whom we disclose personal data in the course of providing financial services and/or products to you;
  • To service providers processing your personal data on our behalf or otherwise providing us with professional (such as legal, accounting or auditing) or other services including our associated firms and vendors which conduct operational, technology and customer service functions in various jurisdictions;
  • To any legal or government regulatory authorities in response to their requests for such information or to assist in investigations. We may also disclose your personal data to third parties in connection with claims, disputes or litigation, when otherwise required by law, or if we determine its disclosure is necessary to protect you or us, or to enforce our legal rights or contractual commitments that you have made;
  • To third parties as part of a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets, including bankruptcy proceedings (including transfers to a third party as one of the business assets in such a transaction); and
  • To any third party to whom you authorize us to disclose your personal data.

Others’ Personal Data

If you provide personal data to us about someone else (such as someone with whom you have business dealings) you must ensure that you are entitled to disclose that personal data to us and that, without our taking any further steps, we may collect, use and disclose that personal data as described in this Privacy Notice. In particular, you must ensure the individual concerned is aware of the various matters detailed in this Privacy Notice, as those matters relate to that individual, including our identity, how to contact us, our purposes of collection, our personal data disclosure practices (including disclosure to overseas recipients), the individual's right to obtain access to the personal data and make complaints about the handling of the personal data, and the consequences if the personal data is not provided (such as our inability to provide services).

International Transfer of Personal Data

Carlson is a global investment manager and, as a result, we may transfer your personal data to locations outside of your country.

Where personal data is transferred outside the UK or the European Economic Area (EEA) (if you are based in the UK or EU), we will ensure that the transfer is subject to appropriate safeguards or is otherwise permitted under applicable law. For example, the country to which the personal data is transferred may be approved by the UK Government or the European Commission, the recipient may have agreed to model contractual clauses approved by the UK Government or the European Commission that oblige them to protect the personal data.

You can obtain more details of the protection given to your personal data when it is transferred outside the UK or the EEA (if you are based in the UK or EU), including a copy of any standard data protection clauses entered into with recipients of your personal data, by contacting us using the details set out under “Contacting us” below.

Updating Personal Data

If any of the personal data that you have provided to us changes, for example if you change your email address or if you wish to cancel any request you have made of us, or if you become aware we have any inaccurate personal data about you, please let us know by calling us toll free at 877-843-2257 or sending an email to carlsonIR@carlsoncapital.com. We will not be responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.

Retention of Personal Data

The retention period of your personal data will vary as it will be determined by various criteria, including the purposes for which we are using it (as it will need to be kept for as long as is necessary for any of those purposes) and legal obligations (as laws or regulations may set a minimum period for which we have to keep your personal data).

Your Privacy Rights

In all the above cases in which we collect, use or store your personal data, you may have the following rights:

  • The right to obtain information regarding the processing of your personal data and access to the personal data which we hold about you, including (1) the categories of personal data we have collected about you, (2) the categories of sources from which each category of personal data is collected, (3) the business or commercial purpose for each category of personal data, (4) the categories of third parties with whom we share each category of personal data, and (5) the specific pieces of personal data we have collected about you;
  • The right to withdraw your consent to the processing of your personal data at any time. Please note, however, that we may still be entitled to process your personal data if we have another legitimate reason for doing so. For example, we may need to retain personal data to comply with a legal obligation;
  • In some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and/or request that we transmit such data to a third party where this is technically feasible. Please note that this right only applies to personal data which you have provided directly to us;
  • The right to request that we rectify your personal data if it is inaccurate or incomplete;
  • The right to request that we or our service provider(s) erase(s) your personal data in certain circumstances. Please note that there may be circumstances where you ask us to erase your personal data but we are legally entitled to retain it;
  • The right to object to, or request that we restrict, our processing of your personal data in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your personal data but we are legally entitled to refuse that request;
  • The right to lodge a complaint with the relevant data protection regulator if you think that any of your rights have been infringed by us; and
  • The right to be free from discrimination for the exercise of your privacy rights.

If you wish to do any of the above, please either email carlsonIR@carlsoncapital.com or contact us at 877-843-2257 or Carlson Capital, L.P., 2100 McKinney Avenue, Suite 1900, Dallas, TX 75201.

We will consider any requests or complaints that we receive and provide you with a response in a timely manner. For individuals residing in California, we will first acknowledge your request within 10 days of receipt and provide you with information about how we will process the request, including our verification process and when you should expect a response.

We may request that you prove your identity by providing us with several means of identification in order for us to verify your identity and comply with our security obligations to prevent unauthorized disclosure of data. The verification process entails matching the identifying information provided by you to information we already maintain, or in certain circumstances, using a third-party verification service.

We will verify your request differently, depending on the nature of the request. For requests to access the categories of personal data we have about you, we may require two data points to verify your identity. For requests to access the specific personal data we hold about you, we may require three pieces of personal data to verify your identity. For requests to delete your personal data, we may require either two data points or three pieces of personal data, depending on the type, sensitivity and value of the information. For security or fraud-prevention purposes, we may also require you to submit additional information to verify your identity.

If you would like to submit a request to exercise any of the rights listed above through an authorized agent, you must provide us with written proof of authorization. In such cases, we may still ask you to verify your identify directly with us.

If a request is deficient in form, we will either respond to the request if it provides sufficient information to verify your identity or will provide you with additional information about how to re- submit the request. If we cannot verify your identity, we will respond by informing you that your identity cannot be verified.

For access requests where we are unable to verify your identity, we will treat a request for specific pieces of personal data as a request for the disclosure of the categories of collected personal data generally set forth in this Privacy Notice. If a request appears fraudulent or otherwise presents a security risk, or we have other grounds on which to deny your request, your request may be denied in whole or in part, and we will explain the basis for our denial to you.

For deletion requests, we will require you to follow a two-step confirmation process: (1) submit a request to delete your personal data; and (2) separately confirm that you do, in fact, want your personal data deleted. We will specify in our response the method by which we complied with the request. If we deny a deletion request, we will state the legal basis for such denial.

In certain circumstances, we reserve the right to charge you a reasonable administrative fee for complying with your request.

You may also make a complaint to the relevant data protection authority if you have a concern about our handling of your personal data. You can find out more information about your rights by contacting the UK’s Information Commissioner’s Office, or by searching their website at ico.org.uk. If you are based in the EU you can also find more information about your rights by contacting an EU data regulator.

Updates to this Privacy Notice

This Privacy Notice was last updated in June 2024. We reserve the right to update and change this Privacy Notice from time to time in order to reflect any changes to the way in which we process your personal data or changing legal requirements. In case of any such changes, we will post the changed Privacy Notice on our Website or publish it otherwise. The changes will generally take effect as soon as they are posted on our Website. If we make any material changes to this Privacy Notice, we will notify you by including a prominent notice on our Website before the changes are effective. Please check our Website from time to time for updates.

Accessibility

We are committed to ensuring that our communications, including our Website, are accessible to people with disabilities. To make accessibility-related requests or to receive this Privacy Notice in an alternative format, please contact us at 877-843-2257 or email carlsonIR@carlsoncapital.com.

Contacting Us

We welcome your views about our Privacy Notice. If you would like to contact us with any queries or comments, please send an email to compliance@carlsoncapital.com or send a letter to Carlson Capital, L.P., 2100 McKinney Avenue, Suite 1900, Dallas, TX 75201, in each case for the attention of the compliance department. If you are based in the EU, you may address privacy-related inquiries to our EU representative vie email at carlsoncapital@eu-rep.global or send a letter to EU-REP.Global GmbH, Attn: Carlson Capital, Hopfenstr. 1d, 24114 Kiel, Germany.