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.
We will rely on one or more legal bases under applicable data protection laws to justify processing your personal information. These may include situations where:
• 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 under the California Consumer Protection Act
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.
Additional information under the US Gramm-Leach-Bliley Act of 1999 (Reg S-P) and the Fair Credit Reporting Act (Reg S-Am)
For U.S. federal law purposes, this Privacy Notice covers current and former investors who are individuals or Individual Retirement Accounts, and, where required by law, certain prospective investors who receive our offering materials but do not ultimately invest. We are providing the following supplemental information to comply with U.S. federal requirements.
We may share information about current, prospective, or former investors with our affiliates (financial or non-financial entities under common ownership or control) and with nonaffiliates (companies not related by common ownership or control) in connection with our everyday business operations and as otherwise permitted by applicable law. This includes processing transactions, maintaining accounts, administering and servicing investments, or responding to lawful requests, such as court orders or regulatory and law-enforcement inquiries. In some cases—such as to meet antimoney laundering or similar compliance obligations—sharing information about investors may be necessary for us to accept or manage subscriptions. We may also disclose your information if you instruct us to do so or if we are otherwise permitted or required to do so by applicable law.
We maintain a written information security program, including written policies and procedures, that are reasonably designed to safeguard customer information and to protect against unauthorized access to or use of such information. We maintain written policies and procedures designed to safeguard customer information and to respond to incidents involving unauthorized access to or use of customer information, including, where required, notifying affected individuals and maintaining records of such incidents and our response in accordance with applicable U.S. federal requirements. We also oversee certain service providers that have access to customer information, including by requiring them to protect that information and to notify us of relevant security incidents without unreasonable delay and to cooperate with our investigation, mitigation, and any required notifications.
We may share your information with our affiliates for direct marketing purposes, including promoting products and services offered by us or our affiliates. You can opt out of this type of sharing by contacting us at 212-909-2888. If you are a new investor, we will begin sharing your information for these purposes 30 days after we provide this Privacy Notice, to the extent permitted by applicable law and after you have had a reasonable opportunity to opt out. Your election to opt out of our affiliates’ use of your information for marketing will remain in effect unless and until you revoke it, and in any event for at least five years from the date we implement your opt‑out request, as required by applicable law.
You may contact us at any time to limit how we share your personal information, subject to any legal or contractual restrictions. If you have a joint account, your preferences will apply to all account holders. We may also disclose information to third-party companies (e.g., the fund administrator) that provide services on our behalf, subject to appropriate confidentiality and data protection obligations and limitations on their use of your information including obligations to notify us promptly of certain security incidents involving your information and to cooperate with us in responding to such incidents.
Additional information under the Cayman Islands Data Protection Act 2017 (as revised) (“DPA”)
Our Cayman funds may share your personal data with service providers located outside the Cayman Islands. In some cases, we may also be required to disclose your information to the Cayman Islands Monetary Authority or the Tax Information Authority, which may exchange it with overseas tax, regulatory, or law-enforcement agencies. Any transfer of personal data outside the Cayman Islands by us, our affiliates, or service providers will be carried out in accordance with the DPA and any applicable data protection guidance.
Under the DPA, you have specific rights, 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 object to direct marketing;
(vi) rights related to automated decision-making;
(vii) the right to seek compensation; and
(viii) the right to lodge a complaint with the supervisory authority.
If you wish to exercise these rights or make a complaint regarding our Cayman affiliates, you may contact the Office of the Ombudsman in the Cayman Islands.
Additional information for Japan (Act on the Protection of Personal Information, “APPI”)
If our affiliate in Japan (Tokyo) handles your personal data, they do so in accordance with the APPI and related guidelines. This includes collecting and using personal data for specified purposes, implementing appropriate security safeguards, and responding to requests from individuals to access, correct, or delete their personal data, or to suspend its use where required. Where your personal data is transferred from Japan to a country or region outside Japan, we will take measures required under the APPI, which may include obtaining your consent or providing information on the personal data protection systems and safeguards in the destination jurisdiction.
Additional information for Hong Kong (Personal Data (Privacy) Ordinance, “PDPO”)
If our affiliate in Hong Kong handles your personal data, they do so as “data users” under the PDPO and must comply with the data protection principles, including fair and lawful collection, purpose limitation, data accuracy, retention, and security. You have rights under the PDPO, including the right to request access to and correction of personal data held about you, and to object to the use of your personal data for direct marketing. Where personal data is transferred outside Hong Kong, we will take reasonably practicable steps to ensure that the transferee provides a standard of protection comparable to that under the PDPO, or otherwise rely on applicable exemptions or consents as permitted by law.