850 Third Ave Owner, LLC

U.S. Privacy Policy

Last Updated: August 26, 2020

850 Third Ave Owner, LLC (“850 Third Ave”) respects your concerns about privacy. This U.S. Privacy Policy describes the types of personal information we collect on 850thirdave.com (the “Site”), how we use the information, with whom we share it and the choices available to you regarding our use of the information. We also describe measures we take to protect the security of the information and how you can contact us about our privacy practices.

Except as described in the California Consumer Privacy Statement, this U.S. Privacy Policy does not apply to the offline information practices of 850 Third Ave. It also does not apply to personal information we may collect from you as an investor in any fund or account that we sponsor or manage. We address these practices in separate notices to clients or investors as required by law.

If you are a California consumer and would like information about our online and offline privacy practices and your privacy rights, please see the section of this U.S. Privacy Policy called “California Consumer Privacy Statement,” which is effective January 1, 2020.

If you reside in the European Union or Cayman Islands, or EU data privacy legislation applies to you please click here for important information on how we use your personal information.

You may click the links below to jump to the listed section:

1. Information We Obtain

We may obtain your contact information and other information you choose to provide through the Site.

In addition, when you visit our Site, we may obtain certain information by automated means, such as cookies, web beacons, web server logs, and other technologies. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and cookies and may be used to transmit information collected through cookies back to a web server.

We may use these automated technologies on our Site to collect information about your equipment, browsing actions, and usage patterns. The information we may obtain in this manner may include your device IP address, identifiers associated with your devices, types of devices connected to our Site, web browser characteristics, device characteristics, language preferences, referring/exit pages, clickstream data, and dates and times of visits to our Site. These technologies may help us (1) track and understand how you use and interact with our Site; (2) measure the usability of our Site and the effectiveness of our communications; and (3) otherwise manage and enhance our services and help ensure they are working properly.

Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Site. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device.

2. How We Use the Information We Obtain

We may use the personal information we obtain about you to:

Respond to your inquiries;
Operate, evaluate and improve our business (including managing the Site; enhancing and improving our products and services; managing our communications; analyzing our products and services; performing data analytics; and performing auditing and other internal functions); and
Comply with and enforce applicable legal requirements, industry standards and 850 Third Ave policies and terms.

Our Site is not designed to respond to “do not track” signals received from browsers.

3. Information We Share

We may share the information we obtain about you with our affiliates and subsidiaries. We also may share the information we obtain about you with third-party vendors and other entities to perform certain services on our behalf, such as website hosting, data analytics and other services.

We also may disclose personal information (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity; or (6) otherwise at your direction or with your consent.

We reserve the right to transfer any personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation).  

4. Your Rights and Choices

You may at any time ask us to stop sending you emails or other communications. To update your preferences, limit the communications you receive from us, or submit a request, please contact us as described in the How to Contact Us section below.

If you are a California consumer, for more information about your privacy rights, please see the section of this Privacy Policy called “California Consumer Privacy Statement.”

5. How We Protect Personal Information

We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized access, destruction, loss, alteration, disclosure or use.

7. Links to Non-850 Third Ave Services and Features

For your convenience and information, our Site may provide links to other online services, and may include third-party features such as apps, tools, widgets and plug-ins. These online services and third-party features may operate independently from us. The privacy practices of the relevant third parties, including details on the information they may collect about you, are subject to the privacy statements of these parties, which we strongly suggest you review. To the extent any linked online services or third-party features are not owned or controlled by us, we are not responsible for these third parties’ information practices.

6. Children's Personal Information

Our Site is intended for a general audience and are not directed to children. In connection with the Site, we do not knowingly solicit or collect personal information from children under the age of 13. If we learn that we have collected personal information from a child under age 13, we will promptly delete that information. If you believe that a child under age 13 may have provided us with personal information, please contact us as specified in the How To Contact Us section of this U.S. Privacy Policy.

8. Updates to Our Privacy Policy

We may update this U.S. Privacy Policy from time to time and without prior notice to you to reflect changes in our personal information practices with respect to the Services. We will indicate at the top of the policy when it was most recently updated.

9. How To Contact Us

You can submit a request or ask us questions about this U.S. Privacy Policy by sending us an email at christian.pfaff@cushwake.com.

California Consumer Privacy Statement

Last Updated: August 26, 2020

This California Consumer Privacy Statement supplements the U.S. Privacy Policy. It applies solely to California consumers and addresses personal information we collect online and offline. This Statement does not apply to personal information about our employees and other personnel. In addition, this Statement does not apply to nonpublic personal information we obtain subject to the Gramm-Leach-Bliley Act (“GLBA”). This California Consumer Privacy Statement uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”).

1. Notice of Collection and Use of Personal Information

We may collect (and may have collected during the 12-month period prior to the effective date of this Statement) the following categories of personal information about you:

1. Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, internet protocol address, email address, account name, Social Security number, driver’s license number, passport number, and other similar identifiers
2. Additional Data Subject to Cal. Civ. Code § 1798.80: signature and physical characteristics or description, state identification card number, education, bank account number, credit card number, debit card number, and other financial information
3. Protected Classifications: characteristics of protected classifications under California or federal law, such as race, color, national origin, religion, age, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, disability, citizenship status, and military and veteran status
4. Commercial Information: commercial information, including records of services obtained and other purchasing or consuming histories or tendencies
5. Online Activity: Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements
6. Sensory Information: audio, electronic, visual and similar information
7. Employment Information: professional or employment-related information
8. Inferences: inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

We may use (and may have used during the 12-month period prior to the effective date of this Statement) your personal information for the purposes described in our U.S. Privacy Notice and for the following business purposes specified in the CCPA:

Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services
Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance
Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction
Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
Debugging to identify and repair errors that impair existing intended functionality
Undertaking internal research for technological development and demonstration
Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us

2. Sources of Personal Information

During the 12-month period prior to the effective date of this Statement, we may have obtained personal information about you from the following categories of sources:

Directly from you, such as when you email us
Your devices, such as when you visit our Site
Individuals, such as your friends or colleagues, who provide us with your contact information so we can send information that may interest you
Our affiliates
Vendors who provide services on our behalf
Social networks
Government entities

3. Sale of Personal Information

We do not sell your personal information in exchange for monetary or other valuable consideration.

4. Sharing of Personal Information

During the 12-month period prior to the effective date of this Statement, we may have shared your personal information with certain categories of third parties, as described below. We may have disclosed the following categories of personal information about you for a business purpose to the following categories of third parties:

  
      Category of Personal Information
      Category of Third Party
    
      Identifiers
      Service providers, business partners, and affiliates
    
      Additional Data Subject to Cal. Civ. Code § 1798.80
      Service providers, business partners, and affiliates
    
      Protected Classifications
      Service providers, business partners, and affiliates
    
      Commercial Information

      Service providers, business partners, and affiliates
    
      Employment Information
      Service providers, business partners, and affiliates

Category of Personal Information	Category of Third Party
Identifiers	Service providers, business partners, and affiliates
Additional Data Subject to Cal. Civ. Code § 1798.80	Service providers, business partners, and affiliates
Protected Classifications	Service providers, business partners, and affiliates
Commercial Information	Service providers, business partners, and affiliates
Employment Information	Service providers, business partners, and affiliates

In addition to the categories of third parties identified above, during the 12-month period prior to the effective date of this Statement, we may have shared personal information about you with the following additional categories of third parties: Government entities

5. California Consumer Privacy Rights

You have certain choices regarding our use and disclosure of your personal information, as described below.

Access: You may have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected, used, disclosed and sold about you during the past 12 months.

Deletion: You may have the right to request that we delete certain personal information we have collected from you.

How to Submit a Request: To submit an access or deletion request, please email your request to christian.pfaff@cushwake.com or call us at (212) 752-9701.

Verifying Requests: To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. If you request access to or deletion of your personal information, we may require you to provide any of the following information: your email address on file, the name of your contact person at 850 Third Ave, the date of your last correspondence with 850 Third Ave, the date of your last capital call and the amount, the name of your last realization or investment, and/or the fund in which you participate. In addition, if you ask us to provide you with specific pieces of personal information, we will require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. If you designate an authorized agent to make an access or deletion request on your behalf (1) we may require you to provide the authorized agent written permission to do so, and (2) we may require you to verify your own identity directly with us (as described above). To submit a request as an authorized agent on behalf of a consumer, please contact us as described above under “How to Submit a Request”.

Additional Information: If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.

European and Cayman Islands Disclosures

Privacy Policy

We are committed to protecting and respecting your privacy. This policy explains how we collect and use any personal information (i.e., any information that relates to you and that identifies or can be used to identify you) that you share with us, including how we collect, process, protect and share your personal information.

You do not need to take any action as a result of this privacy policy, but you may have certain rights as described below.

We keep this privacy policy under regular review. This privacy policy was last updated on 30 April 2018.

When you provide us with your personal information, we act as “data controllers” as such term is defined in Regulation (EU) 2016/679 (the General Data Protection Regulation) or the Data Protection Law, 2017 of the Cayman Islands, as applicable. In simple terms, this means that we: (i) “control” the personal information that you provide, including making sure that it is kept secure; and (ii) make certain decisions on how to use and protect such personal information, but only to the extent that we have informed you about the use or are otherwise permitted by law.

Please note that this privacy policy pertains to information that may be collected in connection with your use of this Website and in certain other limited circumstance as described herein. Personal information we may collect from investors in funds and accounts sponsored or managed by us will be addressed in separate notices to the extent required by law.

If you have any questions regarding our use of your personal information, or this privacy policy, please contact the Compliance Department at christian.pfaff@cushwake.com.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below:

1. What information do we collect about you?

The types of personal information we collect about you depends on the nature of your interaction with us. The types of personal information we collect may include:

personal, device and business contact information (such as name, postal and email address, IP addresses, and telephone number);
other personal information you submit to us, such as information you provide to register for email alerts or correspond with us in relation to inquiries;
personal information you may submit to us in connection with any potential employment opportunities; and
information we may collect about you in connection with evaluating and making investments to the extent that you are connected to the relevant transaction.

The personal information collected about you will help us provide you with better service or facilitate our business relationship.

2. How we obtain your personal information

We collect information about you directly when you provide it to us in correspondence and conversations (including via email and telephone) and through forms and contracts we may enter with you. We may also receive information about you from your employer, service providers or other transaction parties in connection with our review of investment opportunities. Depending on the nature of the relationship, such may include information about your name, address, email address, date of birth, passport details or other national identifier, driving licence, your national insurance or social security number and income, employment information and details about your investment or retirement portfolio(s).

In connection with an employment inquiry, we also collect information regarding your work authorization status, education history, employment history and professional designations; and other information about your qualifications.

We will only collect and process personal information about you where we have lawful bases to do so (please see section 3 below).

We may combine personal information that you provide to us with information that we collect from, or about you, in some circumstances. This will include information collected in an online or offline context.

3. Why we use your personal information

We will use the personal information you provide us or we otherwise collect for the following purposes, and pursuant to the corresponding legal bases:

  
      Purpose
      Legal Basis
    
      To enter into, and perform, contracts with you that you have requested.
      Contractual necessity
    
      To improve our website and notify you about changes to our services.
      Legitimate interest
    
      To respond to requests for information submitted by you through our website.
      Legitimate interest
    
      To keep a record of your relationship with us.
      Legitimate interest
    
      To assess your qualification for available employment opportunities.
      Legitimate interest
    
      To conduct know-your-customer, anti-money laundering and similar reviews.
      Legitimate interest

Purpose	Legal Basis
To enter into, and perform, contracts with you that you have requested.	Contractual necessity
To improve our website and notify you about changes to our services.	Legitimate interest
To respond to requests for information submitted by you through our website.	Legitimate interest
To keep a record of your relationship with us.	Legitimate interest
To assess your qualification for available employment opportunities.	Legitimate interest
To conduct know-your-customer, anti-money laundering and similar reviews.	Legitimate interest

4. Who we share your personal information with

We will share your personal information with third parties as required by law or regulation.

We will also share your personal information with affiliates and certain service providers and professional advisors, including our lawyers, auditors and other professional advisors and service providers as necessary to fulfil the purposes set out in this privacy policy.

We will seek to ensure any third party that acts as a data processor on our behalf:

(i) enters into an agreement with us and meets our standards for data security;

(ii) does not use your personal information for any purpose other than the clearly defined purpose relating to the service that such party is providing;

(iii) treats your personal information as confidential; and

(iv) holds your personal information securely and retains it only for such period of time as necessary.

We will also share your personal information with applicable third parties in the event of a reorganization, merger, sale, acquisition, assignment or other disposition of all or a portion of our business, assets or shares.

Additionally, we will use your personal information, subject to applicable law, to keep you informed of our products and services (e.g. future funds that we are raising) based on our legitimate interest.

No automated decision making, including profiling, is used when processing your personal information.

5. How we keep your personal information secure

We are committed to protect the personal information you entrust to us, and to that end we employ appropriate organizational, physical, technical and procedural safeguards designed to protect your personal information in our possession or under our control to the extent possible from unauthorized access and improper use.

We also train and instruct our employees that all personal information must be handled in accordance with this privacy policy and applicable privacy and data protection laws, and any misuse by employees is subject to disciplinary action.

6. Our retention of your personal information

We will keep your personal information only for as long as is necessary for the purposes it was collected, set out in section 3 of this privacy policy, unless a longer retention period is required under applicable law. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

7. Transfer of your personal information

To the extent that you reside in the European Union, or EU or Cayman Islands data privacy legislation applies to you or the fund in which you invest, and we transfer your personal information to countries located outside of the European Economic Area (“EEA”), such transfers are made in accordance with applicable data privacy laws.

8. Your Rights

To the extent that you reside in the European Union, or EU or Cayman Islands data privacy legislation applies to you or the fund in which you invest, you have the right to access the personal information we hold about you, and there are, subject to certain limitations, a number of ways you can control the way in which and what information we store and process about you. We have explained these individual rights and controls below. To exercise these rights and controls, please contact us at christian.pfaff@cushwake.com.

Access: You have the right to access the personal information that we hold about you free of charge (subject to certain situations where we may charge a ‘reasonable fee’).

Correction: You have the right to correct any inaccuracies in the information we hold about you.

Deletion: You have the right to request that we delete your personal information in certain situations (subject to any legal obligations for us to retain it).

Restrictions on use: You may request that we stop processing your personal information (other than storing it): (i) while its accuracy is verified; (ii) if the processing is illegal; (iii) if the processing is no longer necessary for the purposes for which it was collected; or (iv) if you object to the processing and we are verifying whether our legitimate grounds to process your personal information override your own rights.

Object: You have the right to object to processing, including: (i) for direct marketing (from which you may opt-out at any time); (ii) for research or statistical purposes; and/or (iii) where processing is based on legitimate interests.

This website may contain links to other websites. We are not responsible for the privacy practices or the content of such third party websites. Please see our “Website Terms of Use” for more information about our online terms and policies.

9. How to contact us

For any questions regarding our processing of your personal information (including the rights and controls explained in section 8 of this privacy policy) please contact christian.pfaff@cushwake.com.

10. Complaints

If you reside in the European Union, or EU data privacy legislation applies to you, and you should you wish to lodge a complaint with regards to how your personal information has been processed by us, please contact your local supervisory authority. In the UK, this is the Information Commissioner (https://ico.org.uk/). If you are an investor in a Cayman Islands fund you may lodge a complaint with the Cayman Islands Ombudsman (www.ombudsman.ky).