Privacy Policy
Your privacy is very important to us. This notice (“Privacy Notice”) describes how Indus Capital Partners, LLC and its affiliates (“we”, “our” or “Indus”) collect, use, and protect the personal information you provide to us. 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“).
Who to contact about this Privacy Notice
If you have any questions about this Privacy Notice, please call 212-909-2888 or email
induscompliance@induscap.com.
Personal information we collect
We collect personal information about you in connection with our providing advisory services to you. This information can include, but is not limited to your:
•Name;
• Contact information;
• Residential or business addresses;
• Tax identification or passport number;
• Information about assets or net worth;
• Account balances;
• Transaction history;
• Income;
• Wire transfer instructions; or
• Other categories of personal information as specified under applicable Data Protection Laws.
How we collect this information.
We collect this information from you through various means. For example, when you give us your contact information, enter into an investment advisory contract with us, subscribe to one of our funds, tell us where to send money, or make a wire transfer. We also may collect your personal information from other sources, such as our affiliates or other non affiliated companies (our affiliates are companies related to us by common ownership or control and can include both financial and nonfinancial companies; while non-affiliates are companies not related to us by common ownership or control and can include both financial and nonfinancial companies).
How we use this information
We may handle your personal data to manage and maintain our relationship with you, market our products and services, monitor our operations, and meet our legal and regulatory obligations. These obligations may include, for example, compliance with anti-money laundering and fraud prevention laws, tax and sanctions requirements, or responding to lawful requests from regulators or law enforcement authorities.
• the processing is required to fulfill our obligations under a contract or similar legal
arrangement;
• we must comply with a legal or regulatory duty that applies to us; or
• we, or a third party acting for us, have determined that processing your personal
information serves a legitimate interest—such as where there is a reasonable
expectation that your information will be collected and used for that specific purpose.
What Are the Consequences of Failing to Provide Personal Information
If we require certain personal data to meet a legal obligation (for example, complying with anti money laundering or sanctions laws) or to fulfill a contractual requirement, not providing that information may prevent us from communicating with you or from delivering our services. In some cases, it could result in the suspension or termination of a service or other contractual arrangement between us.
Additionally, if we suspect that unlawful activity may be involved, failure to provide requested personal data could lead us to file a report with the relevant law enforcement or regulatory authority.
Disclosure To Others
We may provide your personal information to our affiliates and to firms that assist us in
servicing your account and have a need for such information, such as a broker or fund
administrator. We may also disclose such information to service providers. We require third party service providers to protect the confidentiality of your information and to use the information to carry out the purposes for which we disclose the information to them. These sharing practices are consistent with U.S. Federal privacy and related laws, and in general, you may not limit our use of your personal information for these purposes under such laws. We note that the U.S. Federal privacy laws only give you the right to limit the certain types of information sharing that we do not engage in (e.g., sharing with our affiliates certain information relating to your transaction history or creditworthiness for their use in marketing to you, or sharing any personal information with nonaffiliates for them to market to you).
How we protect your personal information.
To protect your personal information from unauthorized access and use, we use security measures that comply with U.S. Federal law. These measures include computer safeguards and secured files and buildings, and other administrative, technical, and physical safeguards reasonably designed to ensure the security and confidentiality of your personal information. We also maintain written policies and procedures, including a written incident response program, that are reasonably designed to detect, respond to, and recover from incidents involving unauthorized access to or use of your personal information and, where required, to provide notice of certain incidents to affected individuals and applicable regulators. We further oversee certain service providers that have access to your personal information, including by requiring them to protect that information, to notify us of relevant security incidents without unreasonable delay, and to cooperate with us in complying with our legal and contractual obligations.
ADDITIONAL INFORMATION FOR CALIFORNIA CONSUMERS
If you are a California resident, the California Consumer Protection Act (the “CCPA”) requires that we provide you with additional information regarding how we collect, use and share your Personal Information (as defined in the CCPA).
Categories of Information We Collect About You.
Categories of Information We Collect About You. We may collect and use the following information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household: Identifiers (such as your name, address or social security number); Personal information categories listed in the California Customer Records Statute (such as your signature, physical characteristics or description or employment history); characteristics of protected classification under California or federal law (such as age, gender or citizenship); commercial information (such as records of personal property or purchasing or consuming histories); biometric information (such as fingerprints, retina scans or keystrokes); internet or other electronic network activity information (such as browsing history, search history or information on your interaction with a website); geolocation data (such as your physical location or movements); sensory data (such as audio, electronic or similar information); professional or employment-related information (such as current or past job history); non-public education information (such as grades, transcripts or student disciplinary records); inferences drawn from any of the foregoing to create a profile about
a consumer.
How Your Personal Information is Collected.
We may collect this information from you directly
in person, by telephone, text or email and/or via our website. However, we may also collect information from publicly accessible sources (e.g., property records); directly from a third party, e.g., sanctions screening providers, credit reporting agencies, or customer due diligence providers; from a third party with your consent (e.g., your bank); from cookies on our website; and or via our IT systems, including door entry systems and reception logs and automated monitoring of our websites, Wi-Fi, internet browser and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging systems.
Why we use your personal information.
We use your personal information for the following
reasons: to fulfill or meet the reason you provided the information; to provide, support,
personalize, and develop our products and services; to create, maintain, customize, and secure your account with us; to process your requests, purchases, transactions, and payments and prevent transactional fraud; to provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses; for testing, research, analysis, and product development, including to develop and improve our products and services; to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations; counting visits by unique visitors to gauge views; 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; short-term, transient use, provided the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction,
including, but not limited to, the contextual customization of ads shown as part of the same interaction; performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider; 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 the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.
Who we share your information with:
We share your information with our affiliates; service providers we use to help deliver our services to you, such as fund administrators, payment service providers, warehouses and delivery companies; other third parties we use to help us run our business, such as website hosts; third parties approved by you, including consultant, and third party payment providers; credit reporting agencies; our insurers and brokers; and our banks.
What types of information we may share:
in the past 12 months, we have shared the following types of information to parties identified above: identifiers, California Customer Records personal information, and commercial information. We have never sold any personal information.
Description of Your Rights:
You have the right to know the categories of information that we collect about you; the sources from which the personal information is collected; our business or commercial purpose for collecting personal information; the categories of third parties with whom we share personal information, if any; and the specific pieces of personal information we have collected about you. We are not required to retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained; reidentify or otherwise link any data that, in the ordinary course of business is not maintained in a manner that would be considered personal information; or provide the personal information to you more than twice in a 12-month period.
You have the right to request that we delete your personal information from our records and direct any service providers to delete your personal information from their records.
You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA.
These rights are subject to certain limitations and qualifications.
How to Exercise Your Rights:
If you want to exercise any of your rights under the CCPA, please contact us at indusfunds@induscap.com. You will be required to provide us with enough information to identify you (e.g., your full name and address), proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility bill), a description of what right you want to exercise and the information to which your request relates. We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf. Any personal information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification. You also have the right to appoint an authorized agent to exercise your rights on your behalf.
Additional information
If you have any questions about the Privacy Notice, including the CCPA, please contact Maggie Kadziolka, the Chief Compliance Officer, at induscompliance@induscap.com or 212-909-2888. For consumers with disabilities who need to access this Privacy Notice in an alternative format, please contact Maggie Kadziolka, Chief Compliance Officer, at induscompliance@induscap.com or 212-909-2888.