Last updated: January 2023
Cinctive Capital Management LP and its affiliates and the funds and accounts sponsored or managed by them, including Cinctive Global Fund LP, Cinctive Global Fund Ltd., Cinctive Global Master Fund Ltd., Cinctive Macro Fund LP, Cinctive Macro Fund Ltd. and Cinctive Macro Master Fund Ltd. (collectively, the “Adviser,” “Cinctive,” “we,” “us,” or “our”) are committed to protecting the confidentiality and security of information that we collect about individuals. This Cinctive Capital Privacy Notice (this “Privacy Notice”) describes our data collection and privacy practices with respect to the Personal Information we collect online and offline, including in the course of providing investment fund offerings to our investors and prospective investors (“Investors”) and in connection with the investment funds and accounts to which the Adviser acts as an investment manager (the “Funds”). By accessing this website and our services, you agree to the collection and use of Personal Information as described in this Privacy Notice and in our Terms and Conditions at https://www.cinctive.com/privacy-policy.
“Personal Information” as used herein means non-public information that is reasonably capable of being linked to or associated with an individual.
Types of Personal Information We Collect
We collect, and in the 12 months prior to the date of this Privacy Notice, we may have collected, and will continue to collect, all of the following categories of Personal Information about Investors and individuals, including our employees and job applicants (collectively, “Employees”), and business partners or commercial customers (collectively “B2B Contacts”) with which we interact, as applicable:
Contact information and other personal identifiers, such as name, signature, postal and email address, phone number, account name, Social Security number, tax ID number, drivers’ license and passport information.
Demographic and protected class information: about Employees, including age, sex, gender identity or expression, disability, citizenship status, marital status, national origin, religion, requests for family care, medical or parental leave, or disability status.
Internet or other electronic activity information: information about your computer, mobile device, browser, and cookie information.
Financial information: bank account or credit card information to process or receive payments.
Educational and professional background information: from Employees or Investors, degrees or certifications obtained, educational institutions attended, work and/or military histories; from B2B Contacts, records regarding your work (e.g., location, job title, seniority, etc.).
Audio & Video information: recordings of calls made to customer support; security camera footage if you visit one of our physical office locations.
Sources of Personal Information
We may collect Personal Information directly from an Investor, Employee, or B2B Contact directly, 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 an Investor’s, Employee’s, or B2B Contact’s behalf. The Adviser may also gather Personal Information about an Investor from subscription documents, transactions, interactive discussions (from which Personal Information about Employees or B2B Contacts may also be collected), and from time to time, banking references or consumer reporting agencies.
Purposes for Collection
We collect Personal Information to undertake the following data processing activities for Investors and individuals, including Employees and B2B contacts as specified:
administer human resources functions for Employees such as performance reviews and appraisals, sick leave, training, internal organizational charts, internal communications, and termination or retirement issues;
administer payroll, benefits, insurance, and other benefits-related functions for Employees;
manage communications including authorizing, granting and administering Employee access to or use of our systems, facilities, devices and records;
to investigate and resolve complaints, grievances or misconduct;
preparing for and acting in relation to inquiries, investigations or proceedings, by governmental, administrative, judicial or regulatory authorities, including civil litigation;
network and system security and access-related issues, including by protecting the company by monitoring internet access and use and emails transmitted;
managing customer relationship information, including records of products and services provided;
health and safety purposes;
defending legal claims; and
any other purposes relating to carrying out our business.
Disclosures of Personal Information
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, to prevent, detect or respond to data security vulnerabilities or incidents, 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 Personal Information other than to carry out the services provided by the third party pursuant to the parties’ contract and (b) requires the recipient to maintain the security and confidentiality of the information in accordance with applicable laws, rules and regulations.
Adviser may disclose Personal Information about Employees or B2B Contacts to service providers to facilitate an employment relationship, to provide requested products or services, or to promote products or services or employment opportunities to a B2B Contact or Employee, respectively.
The following chart describes the categories of Personal Information that we disclosed to third parties for a business purpose in the 12 months prior to the date of this Privacy Notice:
The Adviser may disclose to the following third-parties an Investor’s Personal Information: fund administrator(s); outside legal counsel; consultants; accountants; auditors; regulators; and disaster recovery sites of the Adviser and the administrator(s). Except as described above or otherwise permitted by law, 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 this Privacy Notice.
We may have disclosed and may continue to disclose, employee Personal Information (including contact information, protected class information, educational and professional information) to payment processors and benefits providers, and may share job applicant Personal Information (including contact information) with credit reporting agencies and other entities that provide background checks.
When you are no longer an Investor, we may continue to share information about you as described in this notice. Please note that Cinctive has not sold your Personal Information in the 12 months prior to the date of this Privacy Notice.
Our website is not directed to individuals under the age of 18. Cinctive does not sell the Personal Information of minors, including minors under age 16.
We implement and maintain reasonable safeguards to protect the security, confidentiality and integrity of Personal Information. This includes the implementation of reasonable administrative, technical and physical safeguards appropriate to the size of our business and the nature of the Personal Information we collect. While we take measures to safeguard Personal Information, such safeguards may not always be able to prevent all breaches of security.
We are committed to ensuring that our communications are accessible to people with disabilities. To make accessibility-related requests or report barriers, please contact us at 833-224-5450 or email@example.com.
Changes to Our Privacy Notice
The Adviser reserves the right to modify this Privacy Notice at any time and the date of the Privacy Notice will reflect the date of the most recent updates. If such changes occur, the Adviser will notify current Investors by posting the updated Privacy Notice to this webpage. Please note that this Privacy Notice supersedes all prior Privacy Notices, including any prior notices that may be included in an Offering Memorandum.
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, including certain exceptions relating to Personal Information subject to financial privacy laws. If you are a California resident, under California law you may have the following rights with respect to certain data:
California Consumer Privacy Act
Right to request disclosure of information we collect or disclose about you. You can submit a request to us for the following data regarding the Personal Information we have collected about you in the 12 months prior to our receipt of your request (a “request to know”):
The categories of Personal Information we have collected.
The categories of sources from which we collected the Personal Information.
The business or commercial purposes for which we collected the Personal Information.
The categories of third parties with which we disclosed the Personal Information.
The categories of Personal Information we disclosed for a business purpose, and for each category identified, the categories of third parties to whom we disclosed that particular category of Personal Information.
The specific pieces of Personal Information we collected.
Right to request the deletion of Personal Information we have collected from you. Upon request, we will delete the Personal Information we have collected about you, except for situations where specific information is necessary for us to provide you with a product or service that you requested; perform a contract we entered into with you; maintain the functionality or security of our systems; or comply with or exercise rights provided by the law.
The law also permits us to retain specific information for our exclusively internal use, but only in ways that are compatible with the context in which you provided the information to us or that are reasonably aligned with your expectations based on your relationship with us.
How can you make a request to exercise your rights? To submit requests to know or delete you may contact us at 833-224-5450 or firstname.lastname@example.org.
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 email@example.com. If you require this notice in an alternative accessible format, please email firstname.lastname@example.org.
When you make a request to know or delete your Personal Information, we will take steps to verify your identity. These steps may include asking you for Personal Information, such as your name, address, or other information we maintain about you. If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to the request. We will notify you to explain the basis of the denial.
For requests to know and requests to delete, Cinctive will confirm receipt of the request within 10 business 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 and explanation.
If you wish to exercise any of your rights under this section, you may submit your request through any of these methods: (i) email email@example.com; or (ii) call 833-224-5450. If you have the capability to call collect, you may do so.
Shine the Light
California's "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California residents asking about the business' practices related to disclosing Personal Information to third parties for the third parties' direct marketing purposes. We do not disclose Personal Information to third parties for such purposes.
Do Not Track
We do not track or allow others to track our website visitors’ online activity over time and across third-party websites or online services. Our website does not respond to do not track signals.
How to Contact Us
For questions or other communications regarding this Privacy Notice, we can be contacted at 833-224-5450, or by email to firstname.lastname@example.org.