Our Commitment to Your Privacy: We are sensitive to the privacy concerns of our individual investors and clients. We have a policy of protecting the confidentiality and security of information we collect about you. We are providing you this notice (the “General Privacy Notice”) to help you better understand why and how we collect certain personal information, the care with which we treat that information, and how we use that information.
Sources of Information: In connection with forming and operating our private investment funds (or “Funds”) for our investors, we collect and maintain personal information from the following sources:
- Information we receive from you in conversations over the telephone, in voicemails, through written correspondence, via email and other electronic communications, or on subscription agreements, investor questionnaires, applications or other forms (including, without limitation, any anti-money laundering, identification and verification documentation);
- Information about your transactions with us or others; and
- Information captured on our website, fund data room and/or investor reporting portal (as applicable), including registration information, information provided through online forms and any information captured via “cookies”.
Disclosure of Information: We do not disclose any personal information about you to anyone, except as permitted by law or regulation and to affiliates and service providers, including but not limited to, administrators, lenders, banks, auditors, accountants, law firms, tax advisors, governmental agencies or pursuant to legal process, self-regulatory organisations, consultants, and placement agents.
Former Investors: We maintain personal information of our former investors and apply the same policies that apply to current investors.
Information Security: We consider the protection of sensitive information to be a sound business practice, and to that end we employ physical, electronic and procedural safeguards, which seek to protect your personal information in our possession or under our control.
Further Information: We reserve the right to change our privacy policies and this General Privacy Notice at
any time. The examples contained within this notice are illustrations only and are not intended to be exhaustive. This notice is intended to comply with the privacy provisions of applicable U.S. federal law and certain privacy provisions of other laws. You may have additional rights under other U.S. state or non-U.S. laws that apply to you, including as set forth in our additional privacy notices.
For more information relating to the protection of personal data in the EU, the EEA and/or the UK, including pursuant to the Data Protection Laws (as these terms are defined below), please refer to the Data Protection Privacy Notice. For information specific to our website, please refer to the Website Privacy Notice.
DATA PROTECTION PRIVACY NOTICE
This Data Protection Privacy Notice may be amended from time to time, including in connection with any regulatory or operational changes, in which case an applicable up-to-date version will be made available at the registered office of BC Partners Management SARL “AIFM”.
- Introduction
In accordance with all applicable legislation and regulations relating to the protection of personal data in force from time to time in the European Union (“EU”), the European Economic Area (“EEA”) or the United Kingdom (“UK”), including the General Data Protection Regulation No. 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (“GDPR”), the GDPR as it forms part of the laws of England & Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union Withdrawal Act 2018 (UK) (“UK GDPR”), and any amendment or re-enactment of the foregoing (the “Data Protection Law”), the AIFM may collect, store and process, by electronic or other means, the personal data supplied by the Applicants, their representatives, authorised agents, proxy holders or beneficial owners (the “Data Subjects”).
Any reference in this Data Protection Privacy Notice to the “Partnership” shall, unless the context otherwise requires, be understood and read as a reference to the General Partner acting on behalf of the relevant BC Partners Fund Partnership. The terms “controller”, “processor”, “data subject”, “personal data”, “process” and “processing” in this Data Protection Privacy Notice shall be interpreted in accordance with the applicable Data Protection Law.
This Data Protection Privacy Notice provides you with an overview of the way the Partnership seeks to ensure the protection of personal data which may be collected from the Data Subjects in connection with its activities during the ordinary course of business.
What personal data is processed and how is it collected?
The types of personal data that may be collected and processed about Data Subjects may include, among others, names, citizenship, date of birth and location, contact details (including postal and e-mail address), location of residence, identification (including ID documents and verification documentation), account details and transactions with other institutions, risk tolerance, transaction history, investment experience and invested amounts, income and assets, accounts, status under various laws and regulations (including tax status), information collected from the use of Partnership-related websites, data rooms and/or portals, and any other information contained in any document provided or otherwise made available to the Partnership (whether directly or indirectly) (the “Personal Data”). Personal Data may either be collected directly from the Data Subject or indirectly, including from third party sources (e.g. through online search engines (Pythagoras, World check, etc.) and other third party databases utilised by the Partnership in connection with its activities, including bankruptcy registers, tax authorities, governmental and competent regulatory authorities, credit agencies and fraud prevention and detection agencies and organizations).
The Partnership may, in certain circumstances, combine Personal Data it receives from a Data Subject with other information that it collects from or about such Data Subject. This may include information collected in an online or offline context.
The Partnership may also monitor and record telephone conversations and electronic communications where the law requires it to do so, to comply with regulatory rules and practices and, where permitted to do so, to protect its business and the security of its systems. As a general rule, failure by the Data Subjects to provide certain requested personal data may result in an inability by the Partnership to communicate (or to communicate safely) with the relevant Data Subjects and/or to fulfil certain of its duties, obligations or services.
- Why is personal data processed and on which legal bases?
There may be several various lawful grounds for processing the personal data of Data Subjects in connection with an investment in the Fund, including for the purposes of managing their contractual relationship with the Partnership, managing and administering their holdings in the Fund, managing the Fund’s products and related services, and processing any additional subscriptions or transfer requests, carrying out the administrative accounting, reporting and other processes (and related communication) between the General Partner and its affiliates in preparing for the admission of Applicants to the Fund and/or Partnership, and facilitating the execution, continuation or termination of the contractual relationship between Data Subjects and the Partnership and/or Fund. The processing of Personal Data by the Partnership may also be necessary for compliance with legal obligations to which the controllers may be subject, including:
- any applicable anti-money laundering and financing of terrorism rules or national and international sanctions lists and embargos; and in the performance of any task carried out by the controller in the public interest or in the exercise of official authority vested upon it to prevent abuses and fraud.
- It may also be necessary for the purposes of pursuing the legitimate interests of the Partnership and the General Partner and its affiliates or those of a third party (except where such interests are overridden by the interests or fundamental rights and freedoms of the Data Subject), including (but not limited to) transmitting information to members of BC Partners for internal administrative purposes, managing risks and IT systems (including fraud prevention), maintaining contact with the relevant Data Subject and keeping subscribers informed about the business of BC Partners and its affiliates generally, including offering opportunities to make investments other than to the Partnership (including other funds managed by BC Partners), developing services within BC Partners, securing communication channels, carrying out statistics and tests, managing litigation and/or developing commercial offers, enabling any actual or proposed assignee or transferee, participant or sub-participant of the Partnership’s rights or obligations to evaluate proposed transactions, and/or due diligence carried out by any third party that acquires, or is interested in acquiring or securitizing, all or part of the Fund’s or Partnership’s assets or any interest(s) in the Fund and/or BC Partners, or that succeeds to it in carrying on all or a part of its businesses, or services provided to it, whether by merger, acquisition, financing, reorganisation or otherwise).
From time to time, the Partnership may need to process Personal Data on other legal bases, including, with the consent of the Data Subject, if it is necessary to protect the vital interests of a potential investor or other data subjects; if it is necessary for a task carried out in the public interest; and any other purpose for which notice has been provided.
- Transfer of personal data to third parties
Personal Data will not be transferred to any third parties, except to those designated by the Data Subjects and to entities required for the performance of the processing of Personal Data for the aforementioned purposes. To this end, the Partnership may transfer Personal Data to the Administrator, the Depositary, service providers, auditors, legal advisors, affiliates of the General Partner and/or the AIFM, other applicants and investors, portfolio companies, regulators or other governmental entities, custodians, administrators, agents, contractors, consultants, professional advisers, lenders, processors, and persons employed and/or retained by them and/or any other third parties in order to fulfil the purposes described in this Data Protection Privacy Notice (the “Recipients”). The Recipients may be located anywhere in the world, including in countries that are not deemed to offer an adequate level of protection of personal data by an applicable authority, including the European Commission or the UK Government (as applicable). For those countries which are not deemed to offer an adequate level of protection, and where the transfer of Personal Data to those countries is necessary for the performance of the contractual relationship with the relevant Data Subject, and to implement requested pre-contractual measures, then the General Partner, the Partnership and the Recipients have or will put in place appropriate safeguards, such as contractual arrangements, for the processing and transfer of such Personal Data. Further information relating to these safeguards is available upon request from the General Partner via the contact details below.
- Transfer of Personal Data to authorities
To the extent required by applicable law, Personal Data may also be transferred to judicial and/or administrative authorities, regulatory bodies, tax authorities, auditors and tax advisers (where necessary, required or advisable to comply with law), each acting as independent controllers. In accordance with applicable legal and regulatory tax provisions relating to the automatic exchange of information, Personal Data may in particular be disclosed to the Luxembourg tax authorities, which in turn may also (acting as data controller) disclose such Personal Data to foreign tax authorities.
- Personal Data retention period
As a matter of general principle, the Partnership aims to ensure that Personal Data is only stored to the extent, and for so long as, it is required for the purposes set out above or to comply with applicable laws and regulations. Personal Data will be retained throughout the life cycle of any investment in the Partnership and/or Fund. However, some Personal Data will be retained after a Data Subject ceases to be an investor in the Partnership and/or Fund. The Personal Data will be stored for at least ten years after the period of investment has ended or the date on which an Applicant has had its last transaction with the Partnership to perform contractual obligations, comply with applicable laws and regulations, and/or to establish, exercise or defend actual or potential legal claims. Longer or shorter retention periods may apply where required by applicable laws and regulations, or as a result of applicable statutes of limitation.
- Rights in respect of Personal Data
In addition to the right to request further information and other rights set out in this Data Protection Privacy Notice, the Data Subjects may also have rights in relation to the processing of their Personal Data under applicable Data Protection Law, including as briefly summarised as follows:
- Right of access (Art. 15 of the GDPR) – the Data Subjects shall have the right to receive confirmation that their data is being processed by the Partnership or the Recipients (or not), to access their Personal Data, and to receive supplementary information.
- Right to rectification (Art. 16 and 19 of the GDPR) – the Data Subjects shall have the right to request rectification of their Personal Data without undue delay should such data be inaccurate or incomplete.
- Right to erasure (Art. 17 and 19 of the GDPR) – the Data Subjects shall have the right to request the erasing of their Personal Data (also known as the “right to be forgotten”) such as when Personal Data is no longer necessary for the relevant purpose or the Data Subject withdraws consent (if applicable). Please note that the right to erasure is not absolute, and it may not always be possible to erase Personal Data on request, including where the Personal Data must be retained to comply with any applicable legal obligation. In addition, the erasure of any Personal Data requested to fulfil the purposes described in this Data Protection Privacy Notice may result in the inability of the services to be provided as contemplated by the Partnership Agreement and any other constituent document relating to the Partnership.
- Right to restriction (Art. 18 and 19 of the GDPR) – the Data Subjects shall have the right to object to or restrict a specific processing of their Personal Data. The Partnership may still store its data, but not process it, and retain just enough information about the Data Subjects to ensure that the restriction is respected in future.
- Right to data portability (Art. 20 of the GDPR) – the Data Subjects shall have the right to obtain access to and reuse the Personal Data they have provided to enable them, among other things, to move, copy or transfer their Personal Data easily from one IT environment to another.
The Data Subjects may exercise any of the above rights by writing to the
AIFM at its registered office.
Each Data Subject shall also have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of habitual residence, place of work or place of the alleged infringement. In Luxembourg the data protection supervisory authority is the National Commission for Data Protection (CNPD).
With respect to the processing of Personal Data that is subject to the UK GDPR, the data protection supervisory authority is the UK Information Commissioner’s Office (ICO).
- Contact us
If you have any questions, comments or concerns, please feel free to contact the
AIFM at the following addresses:
BC Partners Management S.à r.l.
To the attention of: Mr Pierre Stemper and Ms. Rocio Martinez Crespo
18, rue Erasme,
L-1468 Luxembourg
Grand Duchy of Luxembourg
Email: pierre.stemper@bcpartners.com and rocio.martinezcrespo@bcpartners.com
Website Privacy Notice
This website (www.bcpartners.com) (the “Site”) is operated by BC Partners LLP. In this privacy policy, “we”, “us” and “our” refer to BC Partners LLP, registered in England and Wales with registered office at 40 Portman Square, London W1H 6DA. Our registration number is OC404426. We are registered as a data controller with the Information Commissioner’s Office, with registration number ZA246494.
We are committed to protecting and respecting your privacy. This privacy policy sets out the basis on which any information from which an individual can be identified (“Personal Information”) and which we collect or otherwise obtain will be processed by us. While we endeavour to give information regarding our data protection practices directly to all individuals whose Personal Information we hold, we do from time to time acquire Personal Information in an indirect or incidental way (for example in connection with a transaction we are working on). Therefore, one of the purposes of this privacy policy is to provide privacy information to such individuals with whom we do not have a direct relationship.
We will endeavour to ensure that all your Personal Information is processed in accordance with the applicable legislation relating to the processing of Personal Information and/or privacy. By visiting and/or contacting us through the Site or by otherwise engaging with us, you acknowledge that we may collect, use and transfer your Personal Information as set out in this privacy policy. We reserve the right to change this privacy policy from time to time and you should therefore check this page frequently to ensure that you are happy with any changes. By continuing to use the Site and/or making use of our services you agree to the updated privacy policy.
Personal information that we collect about you
When you engage with us (e.g. by visiting the Site or contacting us by email via the “Contact Us” page on the Site) we may collect and process the following Personal Information about you:
information about your activity on and interaction with the Site, such as your IP address, the device or browser you use, together with the date, time and duration of your visit; and
information that you provide if you contact us via email, such as your name and email address and any other Personal Information you provide.
From time to time, we may receive Personal Information from third parties. If you are engaged by one of our suppliers or an organisation which otherwise has a business relationship with us (e.g. a BC Partners investment fund portfolio company or asset (or potential portfolio companies or assets)), we may receive details such as your name and contact details. Where this is the case, the third party is responsible for informing you that they have shared your Personal Information with us, directing you to this privacy policy and obtaining any relevant consents from you to ensure you are happy with the ways in which your Personal Information will be used.
We do not seek to collect or receive any special categories of Personal Information about you via the Site (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences via the Site.
How we use your personal information
Purpose of processing
We may use your Personal Information to: correspond with you; analyse and improve the use of our Site and services, and support and improve the browsing experience of visitors to the Site; carry out our internal business affairs; carry out our obligations arising from any contracts entered into between you and us (and provide any associated services); and where we have a right to do so, send marketing or business communications which we think may be of interest to you or which you have otherwise indicated a preference to receive (each of which shall contain a mechanism via which you may unsubscribe from receiving any such further communications).
Lawful basis for processing
Under Data Protection Legislation, there are various grounds on which we can rely when processing your Personal Information. In some contexts, more than one ground may apply.
We primarily process your Personal Information as described above for the purpose of pursuing our legitimate business interests. In some instances, we may rely on having obtained your express consent to the relevant processing – where this is the case, you will be made aware and will be provided with the opportunity to withdraw your consent to the processing, should you wish to do so. We may also process your Personal Information where this is necessary for the performance of a contract to which we are a party. We will only use your Personal Information for the purposes for which we collected or received it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
How and why we share your personal information
Where it is necessary for the performance of a contract with you or for our internal business purposes, we may share your Personal Information with certain third parties who reasonably require such data in order to perform a function to you or provide a service to us (such as providers of IT and support services. We may also disclose your Personal Information to any member of BC Partners LLP’s group companies.
In addition, it may be necessary for us to disclose your Personal Information if we are under a duty to do so in order to comply with any regulatory or legal obligation to which we are subject, enforce any agreement we have with you or a related third party, or protect the rights, property or safety of BC Partners LLP, BC Partners LLP’s group companies and our and their contractors, directors, employees or other personnel. This includes exchanging information with other companies and organisations for the purposes of fraud protection and crime prevention. You acknowledge that the third parties described above may receive and process your Personal Information. We ask all third parties to treat your Personal Information securely and in accordance with Data Protection Legislation, and will take reasonable steps to enforce this. We will never sell your Personal Information to third parties.
Transferring personal information outside of the jurisdiction
In processing your Personal Information, you acknowledge that it may be necessary for us to transfer your Personal Information outside the United Kingdom (“UK”) and/or the European Economic Area (“EEA”). For instance, your Personal Information may be accessed by our staff or one of our suppliers operating outside the UK and/or EEA. This includes staff engaged in, among other things, the provision of support services.
We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this privacy policy and the Data Protection Legislation when it is processed in, or otherwise accessed from, a location outside the UK or EEA. This means that we will only transfer your Personal Information to third parties outside the UK or EEA if that third party:
- is situated in a country that has been confirmed by the Information Commissioner’s Office or European Commission (as applicable) to provide adequate protection to Personal Information; or
- has agreed (by way of written contract incorporating a data transfer mechanism approved by the Information Commissioner’s Office or European Commission (as applicable)) to provide all protections to your Personal Information as required by the Data Protection Legislation.
Where any transfer takes place under a written contract, you have the right to request a copy of the safeguards in that contract (subject to certain redactions and/or an undertaking from you to respect the confidentiality of that contract) and may do so by contacting us on the details set out at the end of this privacy policy.
Storage and retention of your personal information
We take steps to protect your Personal Information from unauthorised access and against unlawful processing, accidental loss, destruction and damage. Unfortunately, the transmission of information via the internet is not completely secure – although we will do our best to protect your Personal Information, we cannot guarantee its security. You acknowledge and agree that we shall not be responsible for any unauthorised use, distribution, damage or destruction of personal information, except to the extent that such event has been caused by our negligence or breach.
We will only keep your Personal Information for as long as we reasonably require and, in any event, only for as long as the Data Protection Legislation allows.
Links to third party websites
Our Site may, from time to time, contain links to third party websites. If you follow a link to any of these websites, please note that you will be leaving our Site and accessing the other website, the collection of Personal Information via which will be carried out in accordance with its own privacy policy.
We do not accept any responsibility or liability for these websites or their related policies and you should therefore review these policies before you submit any Personal Information via these websites.
Cookies
A cookie is a small file of letters and numbers that is sent to your browser from a web server and is stored on your computer / device. Cookies contain information that is transferred to your computer’s / device’s hard drive. You can find more information about cookies generally here.
Cookies help us to recognise you and your device and store some information about your preferences or past actions. For example, we may monitor how many times you visit the Site, which pages you go to, traffic data and location data. Such information helps us understand how we can improve our services and/or products to meet your needs, deliver relevant Site content, present our content in the best way for your computer / device and help the Site operate more efficiently.
A cookie in no way gives us access to your computer / device or any information about you, other than information about how you use the Site and the Personal Information you choose to share with us (including Personal Information you automatically share with us by way of your browser settings).
In particular, we use the following cookies:
• Strictly necessary / essential cookies. These are cookies that are required for the operation of our Site.
• Analytical/performance cookies. These cookies collect information about how visitors use our Site, for instance which pages visitors go to most often, and if they get error messages from web pages. Information collected by these cookies is aggregated and therefore anonymous. They are only used to improve how the Site works.
• Session cookies. These cookies allow us to identify your device as you use the Site, so that you are not treated as a new visitor each time you go to another part of the Site. Session cookies will be deleted from your computer / device when you close your browser.
In most cases cookies cannot be deployed without consent. When you first enter our website, you will usually be shown a pop-up cookie notification banner. The banner informs you that our Site uses cookies and similar technologies and gives you details and options around the use of cookies. You can come back to this page to change your cookie settings at any time by using the link at the bottom of the Site.
You can also manage cookies via your browser settings (this will allow you to refuse the setting of all or some cookies) and this link explains how to disable cookies on your browser.
However, if you block all cookies (including essential cookies) you may lose some of the Site’s functionality and/or not be able to access all or parts of our Site.