Privacy

Privacy Notice

Introduction

Your privacy is very important to us. This notice (this “Privacy Notice“) is provided by Perella Weinberg Partners Capital Management LP (the “Investment Manager“), and the investment funds or other vehicles managed by the Investment Manager (each, the “Fund“, and together with the Investment Manager, “we” or “us“), and sets forth our policies for the collection, use, storage, sharing, disclosure (collectively, “processing“) and protection of personal data relating to current, prospective and former investors in the Fund, as applicable. 

Capitalized terms used but not defined herein have the meanings assigned to them in the Offering Memorandum, constitutional documents, and subscription agreement relating to the relevant Fund (“Fund Documents“), as may be supplemented, updated or modified from time to time.

References to “you” or an “investor” in this Privacy Notice mean any investor who is an individual, or any individual connected with an investor who is a legal person, as applicable.

Who to Contact About This Privacy Notice

This Privacy Notice is being provided in accordance with the applicable requirements under the privacy and data protection laws that apply in the jurisdictions where we operate (collectively, the “Data Protection Laws“). The Fund and the Investment Manager are considered to be data controllers in respect of any personal information we hold about you for the purposes of certain Data Protection Laws. This means that Fund and the Investment Manager (alone or jointly, as applicable) determines the purposes and the means of the processing of your personal information.

Please contact us at (303) 813-7913 or AgilityClientService@agilitycio.com or by writing to Agility at the following address: 7979 E. Tufts Avenue, Suite 700, Denver, CO 80237 for any questions about this Privacy Notice or requests with regards to the personal data we hold. 

Please note that the applicable Fund Administrator, Sub-Administrator, Prime Brokers, and Custodians work under a range of professional and legal obligations that require them to process personal data (e.g., anti-money laundering legislation). In order to meet the requirements of such obligations, they, from time to time, would not be acting on our instructions but instead in accordance with their own respective professional or legal obligations and therefore as data controllers in their own right with respect to such processing. For more specific information or requests in relation to the processing of personal data by the applicable Fund Administrator, Sub-Administrator, Prime Brokers, and Custodians or any other service provider of the Fund, you may also contact the relevant service provider directly at the address specified in the applicable Memorandum or by visiting their websites.

The Types of Personal Data We May Hold

The categories of personal data we may collect include names, residential or business addresses, or other contact details, signature, nationality, tax identification or passport number, date of birth, place of birth, photographs, copies of identification documents, bank account details, information about assets or net worth, credit history, information on investment activities, or other personal information, such as certain special categories of personal data (including, where relevant, information on political affiliations, ethnic origin, or criminal convictions), as specified under the applicable Data Protection Laws, that may be contained in the relevant materials, documents, or obtained through background searches.

How We Collect Personal Data

We may collect personal data about you through: (i) information provided directly to us by you, or another person on your behalf; or (ii) information that we obtain in relation to any transactions between you and us.

We also may receive your personal information from third parties or other sources, such as our affiliates, the Administrator of the Fund, publicly accessible databases or registers, tax authorities, governmental agencies and supervisory authorities, credit agencies, fraud prevention and detection agencies, or other publicly accessible sources, such as the Internet.

How We May Use Personal Information

We may process your personal data for the purposes of administering the relationship between you and us (including subscription acceptance, communications and reporting), marketing of our products and services, monitoring and analyzing our activities, and complying with applicable legal or regulatory requirements (including anti-money laundering, fraud prevention, tax reporting, sanctions compliance, or responding to requests for information from supervisory authorities, or law enforcement agencies). 

We will use one of the permitted grounds under the applicable Data Protection Laws to process your personal information. Such grounds include, for example, circumstances where:

  1. processing is necessary to perform our obligations under the Fund Documents;
  2. we are required to comply with a legal or regulatory obligation applicable to us; or 
  3. we, or a third party on our behalf, have determined that it is necessary for our legitimate interests to collect and use your personal information, such as if we believe that you have a reasonable expectation for us, or a third party, to collect and use your personal information for such purpose.

What Are The Consequences Of Failing To Provide Personal Information

Where personal data is required to satisfy a statutory obligation (including compliance with applicable anti-money laundering or sanctions requirements) or a contractual requirement, failure to provide such information may result in your subscription in the Fund being rejected or compulsorily withdrawn. Where there is suspicion of unlawful activity, failure to provide personal data may result in the submission of a report to the relevant law enforcement agency or supervisory authority.

How We May Share Personal Data

We may disclose information about you to our affiliates, service providers (including the Administrator), or other third parties to accept your subscription, administer and maintain your account(s), or otherwise perform our contractual obligations. We may also need to share your personal information with regulatory, tax or law enforcement authorities to comply with applicable legal or regulatory requirements, respond to court orders, or in the context of regulatory requests for information, administrative proceedings, or investigations. We will also release information about you if you direct us to do so.

We may also disclose information about you, or your transactions and experiences with us, to our affiliates or service providers for our everyday business purposes, such as administration of our business, record-keeping, maintaining security of our information technology systems, reporting and monitoring of our activities, investor relations activities, and compliance with applicable legal and regulatory requirements.

Retention Periods and Security Measures

We will not retain personal data for longer than is necessary in relation to the purpose for which it is collected, subject to the applicable Data Protection Laws. Personal data will be retained for the duration of your investment in the Fund and for a minimum of five years after a withdrawal of your investment, or liquidation of the Fund. We may retain personal data for a longer period for the purpose of marketing our products and services or compliance with applicable law. From time to time, we will review the purpose for which personal data has been collected and decide whether to retain it or to delete if it no longer serves any purpose to us.

To protect your personal information from unauthorized access and use, we apply organizational and technical security measures in accordance with applicable Data Protection Laws. These measures include computer safeguards and secured files and buildings. 

We will notify you of any material personal data breaches affecting you in accordance with the requirements of applicable Data Protection Laws. 

Additional Information under the U.S. Gramm-Leach-Bliley Act 1999 (Reg S-P) and Fair Credit Reporting Act (Reg S-AM) 

For purposes of U.S. federal law, this Privacy Notice applies to current and former investors who are individuals or Individual Retirement Accounts. We are providing this additional information under U.S. federal law.

We may disclose information about our investors, prospective investors or former investors to affiliates (i.e., financial and non-financial companies related by common ownership or control) or non-affiliates (i.e., financial or non-financial companies not related by common ownership or control) for our everyday business purposes, such as to process your transactions, maintain your account(s) or respond to court orders and legal investigations. It may be necessary or appropriate, under anti-money laundering and similar laws, to disclose information about the Fund’s investors in order to accept subscriptions from them. We will also release information about you if you direct us to do so.

We may share your information with our affiliates for direct marketing purposes, such as offers of products and services to you by us or our affiliates. You may prevent this type of sharing by contacting us at (512) 287-7103 or AgilityClientService@agilitycio.com. If you are a new investor, we can begin sharing your information with our affiliates for direct marketing purposes 30 days from the date we sent this Privacy Notice. When you are no longer our investor, we may continue to share your information with our affiliates for such purposes. 

You may contact us at any time to limit our sharing of your personal information. If you limit sharing for an account you hold jointly with someone else, your choices will apply to everyone on your account. U.S. state laws may give you additional rights to limit sharing.

Additional Information under the Cayman Islands Data Protection Act (2021 Revised) (“DPA”)

The Fund may share your personal information with its services providers, including the Investment Manager, the Administrator, the Custodian, the Prime Broker, or others who are located outside the Cayman Islands. It may also be necessary to share your information with the Cayman Islands Monetary Authority or the Tax Information Authority, which may, in turn, exchange this information with foreign tax authorities, regulatory or law enforcement agencies. Any transfer of your personal data by us, our affiliates or service providers outside the Cayman Islands will be carried out in accordance with the DPL.

You have certain rights under the DPA, including: (i) the right to be informed; (ii) the right of access; (iii) the right to rectification; (iv) the right to stop or restrict processing; (v) the right to stop direct marketing; (vi) rights in relation to automated decision making; and (vii) the right to complain and seek compensation. A complaint in respect of the Fund may be lodged with the Office of the Ombudsman in the Cayman Islands. Please use the contact details under Who to Contact About This Privacy Notice if you wish to exercise these rights.

Rev. December 2023

Download Privacy Notice PDF

Privacy Notice For California Consumers

Last updated: August 1, 2023

This notice contains disclosures required by the California Privacy Rights Act (“CPRA”). Terms defined in the CPRA have the same meaning when used in this notice. This notice is only relevant to California residents (“consumers” or “you”), and applies only to the collection or other use of “personal information” that is subject to the CPRA. 

Information We Collect.  In the past 12 months, we have collected and disclosed for a business purpose the following categories of personal information (“Personal Information”):  

CategoryExamples
IdentifiersA real name, alias, email address, postal address, Internet Protocol (IP) address, account name or other similar personal identifiers.
Other personal information categories, as listed in the California Customer Records Statute A signature, telephone number, education, bank account number, or medical information. 
Protected classification characteristics under California or federal lawAge (40 years or older), race, citizenship, marital status, sex, veteran or military status.
Commercial informationAccount activity
Professional or employment-related informationCurrent or past job history or performance evaluations.  
Inferences drawn from other personal informationProfile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. 
Sensitive personal informationA consumer’s social security number, driver’s license, state ID card or passport number, racial/ethnic origin, religious/philosophical beliefs or union members, contents of electronic messages or sexual orientation. 

Personal Information does not include information that is publicly available, de-identified/aggregated or subject to Health Insurance Portability and Accountability Act (HIPAA) or the Gramm-Leach-Bliley Act (GLBA).


We collect Personal Information from the following categories of sources:

  • Your communications with us;  
  • Service providers, including, but not limited to:  administrators, lenders, banks, brokers, auditors, law firms, consultants, placement agents, employment agencies, credit bureaus and background check firms; 
  • Affiliates not under the Agility brand; and 
  • Government entities. 

We do not knowingly collect, solicit or sell Personal Information from anyone under the age of 16.

Purpose for Collection and Use of Personal Information.  We may collect or use Personal Information for one or more of the following purposes:

  • Providing you with information about our products and services;
  • Providing you with performance and other updates; 
  • One or more of the following business purposes:
    • Performing services (for us or our service provider or contractor) such as account servicing, processing orders and payments, and analytics;
    • Legal compliance; and
    • Internal operations; and
    • Short-term, transient use, such that the personal information is not disclosed to another third party and is not used to build a profile about you
  • Other commercial purposes generally relating to investment management services. 

The use of sensitive Personal Information is limited to only those purposes authorized under the CPRA.

Disclosing Personal Information.  We may disclose Personal Information to:

  • Service providers, including but not limited to: administrators, lenders, banks, brokers, auditors, law firms, consultants, placement agents, employment agencies, credit bureaus, background check firms; 
  • Affiliates; 
  • Business partners; 
  • Legal or government regulatory authorities as required by applicable law; 
  • In connection with a potential business transfer; and
  • Third parties to whom you or your agents authorize us to disclose such information in connection with services we provide to you.

In the past 12 months, we have not sold or shared (for cross-context behavioral advertising) Personal Information to third parties.

Length of Time. We will keep your Personal Information for as long as necessary to comply with our regulatory obligations.

Rights of California Consumers.  The CPRA provides a California consumer the following rights, subject to certain exceptions and limitations: 

  • The right to request (a) the categories and specific pieces of Personal Information we collect about you, (b) the categories of sources from which we collect your Personal Information, (c) our business or commercial purposes for collecting, selling or sharing your Personal Information, (d) the categories of Personal Information (if any) disclosed for a business purpose or shared with third parties (for cross-context behavioral advertising) and the categories of persons to whom it was disclosed or shared, and (e) the categories of your Personal Information (if any) that we have either sold, shared or disclosed;
  • The right to request that we delete your Personal Information, subject to certain exceptions;
  • The right to opt out of our sale(s) (if any) of your Personal Information to third parties or sharing with such third parties for the purpose of cross-context behavioral advertising.; 
  • The right to request we correct any inaccurate Personal Information we maintain about you;
  • The right to limit our use of your sensitive personal information to only use that which is necessary to perform the services expected or provide the goods reasonably expected; and 
  • The right not to receive discriminatory treatment for exercising your CPRA rights.

You may submit requests relating to your exercise of CPRA rights to us via:

phone: 303.813.7913

or

email: AgilityLegal@agilitycio.com

You may only make a verifiable request for access or data portability twice within a 12-month period. All verifiable requests must provide (1) enough information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized agent and (2) sufficient detail that allows us to properly evaluate and respond to it. We may need to request additional information from you to verify your identity or understand the scope of your request.  If we are unable to verify your identity, we will need to deny your request. You may designate an authorized agent to make a CPRA request on your behalf and we reserve the right to seek proof that you have given the authorized agent signed permission to act on your behalf.

We endeavor to respond to a verifiable request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.

Questions. If you have questions regarding this Notice, please contact us at AgilityLegal@agilitycio.com.

Download California Privacy Notice PDF