Privacy Statement
This Privacy Statement applies to you as a natural person investor in a Kelso fund. Investors who are not natural persons should also be aware of this Privacy Statement to the extent that they provide personal information of natural persons connected with them to us. This Privacy Statement applies to non-public personal information provided to us by telephone, written correspondence, or electronic communication, such as by email or through our website and the Limited Partner Portal. We consider maintaining the confidentiality, integrity and security of your personal information as fundamental to our relationship with you. We have developed and implemented policies to protect the confidentiality of your personal information, while allowing limited partners’ needs to be met.
We respect your right to privacy. We also know, however, that you expect us to conduct our investment program in an accurate and efficient manner. To do so, we must collect, store and process certain non-public personal information about you, and individuals connected with you, such as employees, directors and beneficial owners, and the other limited partners. We collect this information from certain documents, such as subscription agreements and other forms, and in connection with transactions with us, our affiliates or third parties.
We collect, store and process your personal information where such processing is necessary for the purposes of: (i) conducting our investment program, (ii) investigating and responding to any complaints, to help maintain quality and to deal with complaints and disputes; (iii) managing and administering our business and improving relationships with limited partners, (iv) compliance with applicable company, banking and financial laws, the laws or rules of local or foreign regulatory or law enforcement authorities, tax identification and, as the case may be reporting, notably under FATCA and CRS, (v) risk management and fraud prevention purposes (vi) evaluating an investor’s financial needs, (vii) managing litigation and for accounting and information technology related purposes, (viii) sending marketing materials, and (ix) otherwise conducting our business.
The legal bases on which we may collect, store and process your personal information are that it is necessary to do so for (i) the purposes of the performance of contractual obligations with investors; (ii) compliance with legal and regulatory obligations, such as those referred to above; and (iii) the purposes of our legitimate interests, such as maintaining relations with investors, facilitating on-going administration and performance, marketing and promoting products and services, protecting against, identifying and preventing fraud and other unlawful activity, complying with requests from regulatory, law enforcement or other governmental agencies, investigating and responding to complaints and conducting our business. In addition to the foregoing, we may also on occasions rely on your express consent.
We will not disclose any non-public personal information about limited partners who are individuals, except to our affiliates and, as described below, our service providers and as allowed by applicable law or regulation, including, for example, any money laundering or anti-terrorist laws or regulations.
In the normal course of serving our limited partners, non-public personal information we collect may be shared with companies that perform various services for us, such as our accountants, attorneys, and other advisors, portfolio managers, depositaries, custodians, sub-custodians, placement agents, prime brokers, lenders, banks and insurers. Specifically, we may disclose to these service providers non-public personal information including: (i) information we receive on subscription agreements or other forms, such as name, address, account or tax identification number and the types and amounts of investments; (ii) information about transactions with us, our affiliates or others, such as participation in other investment programs, ownership of certain types of accounts or other account data; and (iii) information we receive from a consumer reporting agency, such as an individual’s creditworthiness and credit history.
We will endeavor to ensure that any service provider that receives such information will use it only for the services they provide to us and as allowed by applicable law or regulation, and is not permitted to share or use this information for any other purpose. To protect the non-public personal information of individuals, we permit access only by authorized employees who need access to that information to provide services to Kelso affiliates, the relevant Kelso fund and its respective limited partners.
We maintain operational policies, including physical, electronic and procedural protections, to safeguard and secure our data networks against unauthorized access to data we may collect and have appropriate policies in place to ensure that any information we collect is used in compliance with this Privacy Statement. We will retain your personal information for as long as we reasonably require it for the purposes as specified in this Privacy Statement, unless a longer period is required under applicable law or to resolve disputes or establish, defend or exercise our legal rights. We will retain your personal information for at least as long as you or the limited partner you are connected to is an investor in the Partnership, other than where we receive a valid request from you to delete your personal information. In determining data retention periods, we consider local laws, regulatory requirements and guidance, as well as contractual obligations and your reasonable expectations and requirements.
The following rights apply if you are either a limited partner who is a natural person or a natural person connected to a limited partner whose personal data has been provided to us by such limited partner. Under the laws of some jurisdictions, you have the right to access and receive a copy of the personal data we hold about you, free of charge, with a time limit of one month to respond, to rectify any personal data held about you that is inaccurate or incomplete and, in some circumstances, to request the deletion of personal data held about you without undue delay when the use or other processing of such data is no longer necessary for the purposes for which it was collected or otherwise processed, and in certain other circumstances. From time to time, we may ask you to confirm the accuracy of your personal data. You may have the right to restrict the processing of your personal data by us. You may have the right to request receipt or transmission to another organization, in a machine-readable form, of the personal data that you have provided to us where we are using your personal data.
For persons and limited partners based in the European Union (the “EU”), we are located in the USA. We are obliged to inform you that for the purposes listed above, your personal data will be transferred to us and to any of the recipients and service providers referred to above acting in any jurisdiction. Transfers of such personal data may be made to or from the USA or to countries located in or outside of the European Economic Area (the “EEA”). By providing us with your personal data, you consent to such transfers. Certain countries in which recipients may be located and to which personal data may be transferred, including the USA, may not offer an equivalent level of protection to personal data as the level afforded in the EU. We will comply with applicable law in transferring personal data to locations outside of the EEA.
We afford the same privacy protections set forth above to personal information provided by former limited partners. For the purpose of EU data protection laws, Kelso & Company, L.P. and the Partnership are data controllers of your personal data. If you reside in the EU you have the right to lodge a complaint with the competent data protection authority in the EU member state in which you reside if you believe that our data protection practices do not comport with applicable EU laws or regulations. Please contact our General Counsel, William Woo, at 212-350-7700, if you have any questions or wish to exercise any of the rights referred to above.