Clients

Privacy Policy

PRIVACY POLICY

 

Last updated: March 2020

 

Cinctive Capital Management LP (the “Adviser” or “Cinctive”) is committed to protecting the confidentiality and security of information that it collects about individuals who are past, current and prospective investors (“Investors”) in the investment funds and accounts to which the Adviser acts as investment manager (the “Funds”), and will only disclose that information in accordance with and as permitted by applicable law (e.g., Regulation S-P) and this Privacy Notice. Regulation S-P limits the circumstances under which an investment manager may disclose non-public personal information (“Personal Information”) about an investor to other persons. For purposes of the Adviser’s Privacy Policy and Procedures (the “Policy”), Personal Information about an Investor includes personally identifiable information that is not publicly available, such as account balances, Social Security Numbers and an Investor’s net worth.

 

Personal Information may be collected directly from an Investor, through the Funds’ administrator(s), including administrator employees, affiliates, agents or contractors, through an Investor’s agent (including the Investor’s financial adviser), or any other third-party who communicates with the Funds or the Adviser on the Investor’s behalf. The Adviser may also gather Personal Information about an Investor from subscription documents, transactions, interactive discussions, and from time to time, banking references or consumer reporting agencies.

 

The Adviser and the Funds do not share any Personal Information about Investors with non-affiliated third-parties, except as necessary or appropriate in connection with the processing and administration of the Fund's investments, in connection with the Adviser’s and the Funds’ general business operations, or as otherwise required or permitted by law. For example, Personal Information about Investors may be disclosed as necessary and in a manner required by applicable law, rules or regulations to process an Investor's subscription to a Fund, to the extent required in connection with an investment or transaction the Adviser proposes to make, or to the Adviser’s service providers that are subject to appropriate contractual obligations to maintain the confidentiality and security of the Adviser’s or the Funds’ records. Personal Information may also be disclosed to the extent an Investor specifically authorizes the disclosure, and for other purposes required or permitted by law, such as where reasonably necessary to prevent fraud, unauthorized transactions or liability, or to respond to judicial process or subpoena.

 

From time to time the Adviser or a Fund may disclose Personal Information in a manner required by applicable law, rules or regulations to (i) a non-affiliated third-party that provides various services, including promotional services, on behalf of the Adviser or a Fund or (ii) a non-affiliated third-party financial institution, such as a prime broker, in connection with joint promotions by the Adviser or a Fund and the third-party. In such cases, it is the Adviser’s policy to enter into a contractual agreement with the recipient that (a) prohibits it from disclosing or using Investor information other than to carry out the purpose(s) for which the Personal Information was disclosed, (b) requires the recipient to maintain the security and confidentiality of the information in accordance with applicable laws, rules and regulations, and (c) requires the recipient to comply with the terms of this Privacy Notice.

 

The Adviser may disclose to the following third-parties an Investor’s Personal Information: administrator(s); outside legal counsel; consultants; accountants; auditors; regulators; and disaster recovery sites of the Adviser and the administrator(s). Except as described above, the Adviser will not disclose an Investor’s Personal Information to non-affiliated parties, unless the Investor has been given a notice of the possibility of such disclosure and a reasonable opportunity to “opt-out” of the disclosure of that information.

 

The Adviser annually notifies Investors that are current Investors of the Policy. The Adviser reserves the right to modify the Policy at any time. However, if such changes occur, the Adviser will promptly notify current Investors.

 

RIGHTS FOR INDIVIDUALS IN CALIFORNIA

Individuals who are residents of California have certain consumer rights under applicable California privacy laws but which may be subject to certain limitations and/or restrictions. Specifically, under California law you may have the right to:

•     Request that Cinctive disclose information about the personal information collected, used, disclosed or sold;

•     Request that Cinctive delete personal information collected or maintained by Cinctive;

•     Opt out of the sale of your personal information; and

•     Not receive discriminatory treatment for exercising your privacy rights.

Please note that Cinctive does not, and will not, sell your Personal Information.

A consumer may use an authorized agent to submit a request on the consumer’s behalf. When using an authorized agent, Cinctive requires that you provide the authorized agent written permission to do so and verify their own identity and agent status with Cinctive. If you would like to designate an authorized agent to make a request on your behalf, please email compliance@cinctive.com. If you require this notice in an alternative accessible format, please email compliance@cinctive.com.

Cinctive has instituted a process for verifying that the person making a request to know or a request for deletion is the consumer about whom Cinctive has collected information. Whenever feasible, Cinctive will match at least two data points in the identifying information provided by the consumer to the personal information already maintained by us, but it may require more data points depending on the information requested. Cinctive will avoid collecting highly sensitive pieces of personal information, unless necessary.

In verifying your identity, Cinctive will consider the following factors:

•     The type, sensitivity, and value of the personal information collected and maintained about the consumer. Sensitive or valuable personal information shall warrant a more stringent verification process.  The types of personal information identified in under applicable California law shall be considered presumptively sensitive;

•     The risk of harm to the consumer posed by any unauthorized access or deletion. A greater risk of harm to the consumer by unauthorized access or deletion shall warrant a more stringent verification process;

•     The likelihood that fraudulent or malicious actors would seek the personal information. The higher the likelihood, the more stringent the verification process will be;

•     Whether the personal information to be provided by the consumer to verify their identity is sufficiently robust to protect against fraudulent requests or fabrication;

•     The manner in which the business interacts with the consumer; and

•     Available technology for verification.

If Cinctive cannot verify your identity in accordance with California law, Cinctive may deny your request in whole or in part.

For requests to know and requests to delete, Cinctive will confirm receipt of the request within ten (10) days and provide information about how the business will process the request, and Cinctive will respond within 45 days with an option to extend an additional 45 days provided Cinctive gives you notice.

If you wish to exercise any of your rights under this section, you may submit your request through any of these methods: (i) email compliance@cinctive.com; or (ii) call collect to 332.208.6800.

 

This Privacy Notice relates to the following entities and supersedes any Privacy Notice of Cinctive prior to the date above.

 

Cinctive Global Fund LP                                                        Cinctive Global Fund Ltd.

Cinctive Global Master Fund Ltd.                                          Cinctive Capital Management LP

 

 

 

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