The words “user”, “you” and “your” as used in this Policy refer to users of the Site. “We”, “our”, “Gen II” and “us” refer to Gen II Fund Services, LLC, located at 805 Third Avenue, New York, NY 10022, Gen II Luxembourg Services SARL, located at 3 boulevard Royal, L-2449 Luxembourg, Grand-Duchy of Luxembourg and its subsidiaries and affiliates. This Policy also applies to our data collection practices offline.
We appreciate the trust you place in us and we recognize the importance of protecting the confidentiality of nonpublic, personal information that we collect about you. Keeping this information secure is a priority. This Policy applies to individuals who obtain financial products or services from us or use the Site. California residents should refer to the California rights section below. Gen II processes Personal Information in compliance with applicable laws and regulations, in particular, in accordance with the Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”).
Accessibility for Those with Disabilities
If you require support or an alternative format to review this Policy, please contact us through any of the contact methods listed below.
CHANGES TO THIS POLICY
The Effective Date of this Policy is set forth at the top of this Policy. As business needs change, we will review our practices regarding the collection and use of personal information and we may amend this Policy as appropriate. The amended Policy supersedes all previous versions. Your continued use of this Site after the Effective Date constitutes your acceptance of the amended Policy.
PERSONAL INFORMATION WE MAY COLLECT
In this Policy, “Personal Information” means any information that identifies, relates to, describes, or is reasonably capable of being associated with or linked, with an individual or household. Personal Information does not include aggregated information to the extent that an individual’s identify cannot reasonably be derived from it.
The Personal Information we collect about you depends on your interactions and engagement with us. You may provide us with your Information when you download material, apply for a job or an internship on the Site, use our web based portal, log in and log out, follow us by clicking on social media buttons and search on our Site.
We may collect the following types of Personal Information:
Direct Identifiers such as your name, address, email, phone number, birthday, financial banking information, and unique personal identifiers. We may require government issued identification information such as your social security number, visa, and passport information.
Personal Records such as your signature, financial account information, payment card information, and any background information provided by you or collected by us, regulatory and security background and compliance checks and other related processes.
Protected Characteristics such as your age, marital status, gender, and where necessary to fulfil our legal obligations or to provide you with a requested service medical information and disability information.
Commercial Information such as records of personal property and services purchased or obtained.
Internet Usage Information such as records of your use of our Site. This may include your online identifiers, account names, passwords, IP address, details of your device, cookies, web beacons and other information.
European and United Kingdom Information. Some of the Personal Information we collect may be considered as personal data within the meaning GDPR allowing the direct or indirect identification of an individual natural person.
In the context of the Site, Gen II acts as data controller (i.e. the organization which determines why and how to process Information) with regard to the protection of your personal data.
GDPR Special Categories: We only process Special Categories of Personal Information if you give us your explicit consent, the processing is necessary to meet a legal or regulatory obligation or is otherwise expressly permitted by the GDPR. Special Categories of Personal Data includes information about your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, and data concerning health, sex life, and sexual orientation.
We will process your Information in compliance with applicable laws.
We do not knowingly collect or process Information from children under the age of eighteen (18), or under another older age according to applicable laws. We strongly advise all parents and guardians to teach their children safe and responsible handling of personal data on the internet. Minors should not transmit any Personal Information to the Site without the permission of their parents or guardians.
COLLECTION, USE, DISCLOSURE AND WHY WE PROCESS YOUR INFORMATION
We collect, use and disclose Personal Information for all lawful purposes in the operation and conduct of our business.
How We May Collect Personal Information
Directly From You: We may collect Personal Information through your use of the Site when you provide us Personal Information in the course of us providing you services and when you otherwise provide Personal Information to us both online and offline.
Through Social Media: Certain Services may link to social media platforms and plug- ins, such as Facebook and Twitter (collectively, “Social Media “). When accessing the Services through a Social Media account, we may (depending on the applicable user privacy settings) automatically receive Personal Information from that Social Media platform.
From Third Parties: We may collect Personal Information about you from third parties where such information is required for us to fulfil our legal obligations or to provide you with a requested service.
How We May Use and Process Personal Information
We may only use and process your Personal Information for at least one of the following legitimate basis and for specific and limited purposes:
(i)The processing is necessary for the performance of an agreement, or for entering into an agreement with you. We may use your Personal Information to provide you access with our portals, to allow you to log in or log out as a client;
(ii)To verify your identify;
(iii)To engage you to provide us further information;
(iv)The processing is necessary for us to comply with a legal obligation, for instance to allow us to comply with commercial, or tax laws and any regulatory obligations and to allow us to respond to requests and comply with requirements from public authorities;
(v)The processing is necessary for our, or a third party’s legitimate interest, for example:
- In the context of our Site: for the purpose of technical website administration, to operate, maintain and provide all features for our services or for general communications with you.
- Outside the context of our Site browsing: to provide our services, to manage our relationships with our suppliers, services provider and subcontractors as well as to prevent potentially illegal activities, to screen for and prevent undesirable or abusive activity (phishing, spam, etc.), fraud and credit risk, manage litigation and to protect the rights, property, or safety of Gen II.
- To receive commercial communications from us, or third parties, managing other requests (e.g., to attend an event) or to notify you about any changes to our services, to process your application for a position within Gen II, or to use third party cookies and web beacons, unless otherwise required by applicable laws.
- We may use your contact information to respond to your inquiries, send you information as part of the services (as long as you have agreed to this at the point of providing your Personal Information and for as long as you do not opt- out).
How We May Disclose or Transfer Personal Information
In order to achieve the purposes listed above, we may disclose Personal Information to any party for whom your consent has been provided. We may also disclose Personal Information with our affiliates for the purposes described in this Policy and as required by law.
We may disclose the Personal Information generated as a result of activity on our website to recipients such as entities companies within Gen II, contractors, suppliers, subcontractors and third party service providers we interact with to support our business and our Site.
Third parties, acting in our name and on our account will receive your Personal Information only for the specific purpose for which they have been appointed. We enter into confidentiality and data processing terms with partners to ensure that they comply with high levels of confidentiality and commercial best practices in privacy and security standards, we regularly review these standards and practices.
We may disclose Personal Information to public authorities and related bodies, and to the extent required under applicable laws.
We may disclose the Personal Information to enforce applicable policies, including investigation of potential violations, to detect, prevent, or otherwise address fraud, security or technical issues, and to protect against harm to the rights, property or safety of our users, the public and/or as required or permitted by law.
We may disclose and transfer your Personal Information if we are involved in a merger, sale, acquisition, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control including due diligence of such transaction.
You are informed that certain recipients mentioned above may be located outside the territory of the European Union in countries that do not offer a level of protection equivalent to the one granted in the European Union. Any Information transfer to such recipients will, depending on the nature of the transfer:
- be covered by appropriate safeguards such as standard contractual clauses approved by the European Commission (e.g. your Information obtained from cookies may be stored and processed in the United States, or any other country where Gen II maintains its servers), in which case you may obtain a copy of such safeguards by contacting us; or
- be otherwise authorized under applicable data protection law, as the case may be, as such transfer is necessary for the performance or execution of a contract concluded in your interest or for the establishment, exercise or defense of legal claims, or for the performance of a contract between you and us.
COOKIES AND OTHER DATA COLLECTION TECHNOLOGY
Usage details and IP addresses
We may collect statistical Information about our Site users’ equipment, browsing actions and patterns. Such Information derives from your navigation of the Site. The Information may include, for example: (i) traffic, location data, logs and other communication data; (ii) Information regarding the resources that you access; and (iii) Information about your computer and Internet connection (e.g. including your IP address, operating system and browser type), for system administration.
We use the following kinds of cookies on our Site:
- Session cookies, which last only for the duration of your visit. These enable us to identify that the same person is moving from page to page. We store and collect a unique ID to track your session from page to page via session cookies;
- Persistent cookies, which last beyond your session enabling an enhanced user experience when you return to the Site; and
The Site may contain links to other websites to which this Policy does not extend. Gen II is not responsible for the privacy practices of such other websites. We encourage you to read the privacy policies of all websites that are linked to the Site.
If you are using the functionalities of social media plug-ins, such as the ones provided by:
- Twitter (1355 Market Street, San Francisco, California, 94103)
- LinkedIn (605 W. Maude Ave., Sunnyvale, California, 94085)
They may store your IP address, and if you are logged into your Twitter/LinkedIn account while visiting our Site, the information will be linked. The plug-in will create a direct link between your browser and the Twitter/LinkedIn servers. We have no influence regarding the nature and the amount of data, which the plug- in will transmit to Twitter/LinkedIn servers.
Further information is available at:
Marketing Emails. If you do not wish to receive marketing-related emails from us, please contact us at TalkToUs@gen2fund.com
Do Not Track Signals. Some web browsers incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that the users does not want their online activities tracked. We will follow DNT signals we receive from your browsers.
HOW LONG DO WE STORE YOUR INFORMATION
We will store your Information only for as long as necessary for the relevant processing activity to be completed and/or for the retention period permitted under applicable laws.
SECURITY OF YOUR INFORMATION
We have implemented commercially reasonable administrative, technical and physical safeguards for our Site to protect your Information from loss, misuse, unauthorized access, disclosure, unauthorized alteration or unlawful destruction. In addition, we require IT and security service providers to put in place reasonably appropriate technical and organizational security measures in respect of any of your Information.
Unfortunately, the transmission of Information via the Internet is not guaranteed to be secure. Although we do our best to protect your Information, we cannot guarantee the security of your Information transmitted to our Site. Any transmission of Information is at your own risk.
You have the following rights regarding the processing of your Information by us, subject to applicable exemptions:
- Right to access the Information held about you and receive additional information about how it is processed. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing that the rights and freedoms of others are not affected, we will supply you a copy of your personal data. Two requests per year will be free of charge, more frequent requests may be subject to a reasonable fee. We will fulfill your request by sending you a copy electronically, unless the request expressly specifies a different method;
- Right to correct, or complete any inaccurate or incomplete Information;
- Right to request erasure of your Information from our systems (e.g. where the Information is no longer necessary in relation to the specified purposes);
- Right to restrict the processing of your Information in certain circumstances (e.g. where you contest its accuracy, object to this processing, or you consider the processing as unlawful);
- Right to receive your Information in an interoperable format, or have it directly transmitted to another organization;
- Right to withdraw your consent at any time where you have provided us with your consent to the processing of Information;
- Right to object the processing of your Information (in particular where we rely on legitimate interests, including for profiling); and
- Right to lodge a complaint with the competent European Union Data Protection Authority, you may do so in the EU Member state of your habitual residence, your place of work or the place of the alleged infringement.
You may exercise any of these rights by contacting us at: Privacy@gen2fund.com
We will respond to individual complaints and questions relating to privacy and will investigate and attempt to resolve all complaints. We will only be able to answer favorably to any of the above requests related to the right to oppose, right of erasure and right of restriction provided that it does not interfere with, or contradict our legal obligations (e.g. a legal obligation to keep the related Information) or due to any other impediment that would justify that we would not be able to grant such requests.
In order to comply with your request, we may ask you to verify your identity. We undertake to handle each request within a reasonable timeframe of one (1) month.
SPECIAL NOTICE TO CALIFORNIA RESIDENTS
California residents have the privacy rights listed below with respect to their Personal Information.
California’s Shine the Light” Law
California Civil Code Section 1798.83 allows users who are California residents (“CR”) to request information about the disclosure of their Information to third parties for direct marketing purposes by contacting us. To make such a request, please contact us at: Privacy@gen2fund.com
. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the email address above, or to the mailing addresses specified at the end of this notice.
California Consumer Privacy Act (“CCPA”)
Collection, Use and Disclosure of CR Personal Information in the Past Twelve Months. In the past twelve (12) months, we have collected the categories of Personal Information detailed in Personal Information We May Collect Section above, from the sources and for the purposes listed in the Collection, Use, Disclosure and Why We Process Your Information Section. In the past 12 months, we have disclosed the following categories of Personal Information for the purposes and to the parties identified in the Sections above: Direct Identifiers; Personal Records and Internet Usage. In the past 12 months, we have not sold CR Personal Information and we will not sell CR Personal Information in the future, as we understand the term “sell” based on the CCPA and its implementing regulations.
The CCPA grants CR additional privacy rights with respect to their Personal Information. Please note that the CCPA provides certain exceptions with respect to the Personal Information of CR employees, job applicants, owners, directors, vendors, suppliers and contractors. If you are a Gen II CR employee, job applicant, partner or independent contractor or a vendor or supplier of Gen II, you may not have any or all of the privacy rights listed below in connection with Personal Information we have about you in the context of that relationship with you.
The CCPA privacy rights include:
Request to Know:
CR have the right to request to know (i) the specific pieces of Personal Information that we collected about you; (ii) the categories of Personal Information that we collected about you in the past twelve (12) months; (iii) the categories of sources from which that Personal Information was collected, (iv) the categories of your Personal Information that we sold or disclosed in the past twelve (12) months; (v) the categories of third parties to whom your Personal Information was sold or disclosed in the past twelve (12) months; and (vi) the purpose for collecting and selling your Personal Information in the past twelve (12) months. You may exercise your right to request to know twice a year, free of charge.
Please note, in response to a request to know, we are prohibited from disclosing your Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password or security questions and answers.
Request to Delete:
CR have the right to request that we delete the Personal Information that we collect from you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or to complete a transaction for which your Personal Information was collected. If we are unable to fulfill your request for deletion, we will let you know the reason why.
Right to Non-Discrimination:
If you choose to exercise any of your rights under the CCPA, we will not discriminate against you in any way. If you exercise certain rights, understand that you may be unable to use or access certain features of the Services.
To make a request to know or a request to delete, please contact us at 212-408-0550 or submit a request by email at firstname.lastname@example.org
. We may request additional information about you so that we can verify your identity. Where we did not already hold that information, we will use it only for the purpose of verifying your identity and to process your request. If we cannot verify your identity based on the information provided, we will let you know that we are unable to fulfil your request.
or by mail at:
Gen II Fund Services, LLC 805 Third Avenue, New York, NY 10022 Attn: Data Protection Officer