Falcon House Capital Management Pte. Ltd. (“Falcon House”) is a company incorporated with limited liability in Singapore. Falcon House acts as the manager or advisor to certain private, closed-end funds, which are formed in various jurisdictions. For purposes of this data privacy notice (“this Notice”) only, any reference to Falcon House shall, where applicable, include these funds and, if applicable, their general partners (solely in their capacity as general partner of such funds), as the context requires.
The purpose of this Notice is to provide you with information on Falcon House’s use of your personal data in accordance with (i) the Cayman Islands Data Protection Law, 2017; (ii) in respect of Singapore residents, the Personal Data Protection Act 2012; (iii) in respect of California residents, the California Consumer Privacy Act of 2018; and, (iv) in respect of EU data subjects, the EU General Data Protection Regulation (together, the “Data Protection Legislation”).
Your personal data will be processed by Falcon House and by persons engaged by Falcon House. Under the Data Protection Legislation, you have rights, and Falcon House has obligations, with respect to your personal data. The purpose of this Notice is to explain how and why Falcon House and persons engaged by Falcon House will use, store, share and otherwise process your personal data. This notice also sets out your rights under the Data Protection Legislation, and how you may exercise them.
1. Your Personal Data
By visiting or registering to access this website (“this Website”) in your capacity as either an investor in a fund managed or advised by Falcon House or an authorized representative of an investor in a fund managed or advised by Falcon House, we will automatically collect certain data and you will also be required to supply certain other data. This data may include personal information which constitutes personal data within the meaning of the Data Protection Legislation.
When you visit this Website, the servers hosting it (which may be controlled by Falcon House or by persons engaged by Falcon House to provide web hosting and other related services) will automatically record information that your browser sends to it. This information may include your computer’s IP address, your browser type, the website visited before this Website, pages visited within this Website (including time spend on those pages), other items and information searched for on this Website, access times and dates, etc. In addition, the servers hosting this Website may attempt to store information on your computer in the form of “cookies”. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Declining cookies or setting your web browser to decline cookies may reduce the functionality of this Website or render it inoperative.
In order to access this Website, you will be required to submit registration information, including your name, email address, and company affiliation. This information is necessary to grant you access to this Website and secure its contents against unauthorized users.
2. How Falcon House May Use Your Personal DataFalcon House, as the data controller, may collect, store and use your personal data for purposes including but not limited to the following:
- The processing is necessary for compliance with applicable legal or regulatory obligations, including but not limited to:
- Sanctions screening and complying with applicable sanctions and embargo legislation;
- Complying with requests from regulatory, governmental, tax and law enforcement authorities;
- Surveillance and investigation activities;
- Preventing and detecting fraud.
- In pursuance of our legitimate interests, or those of a third party to whom your personal data are disclosed, including but not limited to:
- Complying with a legal, tax, accounting or regulatory obligation to which we or the third party are subject;
- Assessing and processing requests you make;
- Sending updates, information and notices or otherwise corresponding with you in connection with your investment a fund managed or advised by Falcon House;
- Investigating any complaints, or pursuing or defending any claims, proceedings or disputes;
- Providing you with, and informing you about investment products and services;
- Managing our risk and operations;
- Complying with audit requirements;
- Ensuring internal compliance with our policies and procedures;
- Protecting Falcon House against fraud, breach of confidence or theft of proprietary materials;
- Seeking professional advice, including legal advice;
- Facilitating business asset transactions involving Falcon House or related entities;
- Monitoring communications to/from us (where permitted by law); and
- Protecting the security and integrity of our IT systems.
We will only process your personal data in pursuance of our legitimate interests where we have considered that the processing is necessary and, on balance, our legitimate interests are not overridden by your legitimate interests, rights or freedoms.
3. Sharing Your Personal Data
We may share your personal data with our affiliates and delegates. In certain circumstances we may be legally obliged to share your personal data and other information with respect to your interest in a fund managed or advised by Falcon House with relevant regulatory authorities, including but not limited to the Cayman Islands Monetary Authority, the Cayman Islands Tax Information Authority, the Monetary Authority of Singapore, the Inland Revenue Authority of Singapore, the U.S. Securities and Exchange Commission, and the U.S. Internal Revenue Service. They, in turn, may exchange this information with other foreign authorities, including tax authorities and other applicable regulatory authorities.
Falcon House’s affiliates and delegates may process your personal data on Falcon House’s behalf, including with persons or organizations that may be data controllers in their own right. Falcon House’s service providers are generally processors acting on the instructions of Falcon House. Additionally, a service provider may use your personal data where this is necessary for compliance with a legal obligation to which it is directly subject (for example, to comply with applicable law in the area of anti-money laundering and counter terrorist financing or where mandated by a court order or regulatory sanction). Such service provider, in respect of this specific use of personal data, acts as a data controller.
When required by legal, regulatory, or other similar processes, or when we determine it is in Falcon House’s legitimate interests, we may share your Personal Data with regulatory, prosecuting and other governmental agencies or departments, and parties to litigation (whether pending or threatened) in any country or territory.
4. Sending Your Personal Data Internationally
Due to the international nature of our business, your personal data may be transferred to jurisdictions that do not offer equivalent protection of personal data as under the Data Protection Legislation. In such cases, we will process personal data or procure that it be processed in accordance with the requirements of the Data Protection Legislation, which may include having appropriate contractual undertakings in legal agreements with service providers who process personal data on our behalf.
5. Retention & Deletion of Your Personal Data
We will keep your personal data for as long as it is required by us. For example, we may require it for our legitimate business purposes, to perform our contractual obligations, or where law or regulation obliges us to. We will generally retain your personal data throughout the lifecycle of the investment you are involved in or with respect to which you are accessing this Website. Some personal data will be retained after your relationship with us ends. We expect to delete your personal data (at the latest) once there is no longer any legal or regulatory requirement or legitimate business purpose for retaining your personal data.
6. Automated Decision-Making
We will not take decisions producing legal effects concerning you, or otherwise significantly affecting you, based solely on automated processing of your personal data, unless we have considered the proposed processing in a particular case and concluded in writing that it meets the applicable requirements under the Data Protection Legislation.
7. Your Rights
You have certain data protection rights, including the right to:
- Be informed about the purposes for which your personal data are processed;
- Access your personal data;
- Stop direct marketing;
- Restrict the processing of your personal data (subject always to other legal or regulatory requirements);
- Have incomplete or inaccurate personal data corrected;
- Ask us to stop processing your personal data (subject always to other legal or regulatory requirements);
- Be informed of a personal data breach (unless the breach is unlikely to be prejudicial to you);
- Complain to governmental authorities responsible for enforcement of the Data Protection Legislation; and
- Require us to delete your personal data in some limited circumstances (subject always to other legal or regulatory requirements).
8. Contact Us
We are committed to processing your personal data lawfully and to respecting your data protection rights. Please contact us if you have any questions about this Notice or the personal data we hold about you. You may contact us by any of the following methods, marking your communication “Data Protection Enquiry”:
9. Access & Revisions to this Notice
You may always obtain a copy of this Notice at any time by request via any of the above contact methods.
We reserve the right to update this Notice at any time, and we will provide you with a new notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information