The purpose of this notice is to provide you with information on our use of your personal data in accordance with the Data Protection Law, 2017 of the Cayman Islands (the "DPL").
In this document, "we", "us" and "our" refers to Churchill Asset Management, LLC (“Churchill”)_ and its affiliated investment advisers, a fund or account managed or advised by them (together, “the Company” and its or their affiliates and/or delegates.
By virtue of making an investment with Churchill and your associated interactions with us (including any subscription (whether past, present of future), including the recording of electronic communications or phone calls where applicable) or by virtue of you otherwise providing us with personal information on individuals connected with you as an investor (for example directors, trustees, employees, representatives, shareholders, investors, clients, beneficial owners or agents), you will provide us with certain personal information which constitutes personal data within the meaning of the DPL ("Investor Data"). We may also obtain Investor Data from other public sources. Investor Data may include, without limitation, the following information relating to you and/or any individuals connected with you as an investor:
- Contact information (e.g., your full name, business and/or home mailing address, telephone number, business and/or personal email address, job title);
- Identification information (e.g., date of birth, social security number, tax or other identification numbers and documents);
- Financial Information (e.g., documents and information about your income, account transactions and holdings with us);
- Browsing Information (e.g., Anonymized Internet Protocol (or IP) address, browser language and type, domain name, operating system, location data, resources that you access).
In our use of Investor Data, Churchill (e.g., the respective fund) will be characterized as a "data controller" for the purposes of the DPL. Churchill's affiliates and delegates may act as "data processors" for the purposes of the DPL.
Who this Affects
If you are a natural person, this will affect you directly. If you are a corporate investor (including, for these purposes, legal arrangements such as trusts or exempted limited partnerships) that provides us with Investor Data on individuals connected to you for any reason in relation to your investment with us, this will be relevant for those individuals and you should transmit this document to such individuals or otherwise advise them of its content.
How We May Use Your Personal Data
Churchill (e.g., the respective fund), as the data controller, may collect, store and use Investor Data for lawful purposes, including, in particular:
- Where this is necessary for the performance of our rights and obligations under the Subscription Agreement and/or the constitutional and operational documents of the fund;
- Where this is necessary for compliance with a legal and regulatory obligation to which the fund or respective entity is subject (such as compliance with anti-money laundering and FATCA/CRS requirements); and/or
- Where this is necessary for the purposes of our legitimate interests and such interests are not overridden by your interests, fundamental rights or freedoms.
Additionally, a Churchill affiliate or a respective fund’s administrator (the "Administrator"), may use Investor Data, for example to provide its services to the fund or to discharge the legal or regulatory requirements that apply directly to it or in respect of which the fund relies upon the Administrator, but such use of Investor Data by the Administrator will always be compatible with at least one of the aforementioned purposes for which we process Investor Data.
Why We May Transfer Your Personal Data
In certain circumstances we and/or our authorised affiliates or delegates may be legally obliged to share Investor Data and other information in possession of Churchill with the relevant regulatory authorities such as the Cayman Islands Monetary Authority or the Tax Information Authority. They, in turn, may exchange this information with foreign authorities, including tax authorities.
We may share Investor Data with the following parties (which may be amended from time to time) who provide services to a respective fund and their respective affiliates (which may include certain entities located outside the Cayman Islands or the European Economic Area), who will process your personal data on our behalf:
- Churchill affiliates (e.g., for a respective fund);
- Service providers (e.g., attorneys, auditors, accountants, tax advisers, administrators, custodians, depositaries, distribution managers, event organizers or other agent, adviser or service provider of Churchill a Churchill fund and/or the Churchill client);
- Other counter-parties (e.g., managers, general partners or investment advisers or administrators or any of their respective agents or representatives); and
- Regulatory authorities (including tax authorities), courts and bodies as required by law or requested for internal investigations and reporting.
The Data Protection Measures We Take
Any transfer of Investor Data by us or our duly authorised affiliates and/or delegates outside of the Cayman Islands shall be in accordance with the requirements of the DPL.
We and our duly authorised affiliates and/or delegates shall apply appropriate technical and organisational information security measures designed to protect against unauthorised or unlawful processing of Investor Data, and against accidental loss or destruction of, or damage to, Investor Data.
Getting In Touch
Should you have any queries or wish to discuss your data protection rights with us, please contact firstname.lastname@example.org
Changes to this Notice
We will occasionally update this notice to reflect new legislation or industry practice, company changes and customer feedback. We encourage you to review this notice periodically to be informed of how we are protecting Investor Data.