Legal Disclosure/Privacy Policy

LEGAL DISCLAIMER

The content of RCP Advisors’ website (the "Website") is intended solely to provide general information regarding RCP Advisors' business. RCP Advisors provides investment advisory services to a limited number of clients; it does not offer or make available such investment advisory services to the general public.

The information provided on the Website does not constitute, and is not intended as, an offer or sale of any security or investment product or investment advice. Offerings are made only pursuant to a private offering memorandum containing important information regarding risk factors, performance and other material aspects of the applicable offering; the information contained herein should not be used or relied upon in connection with the purchase or sale of any security. The information provided on the Website is not intended to be relied upon as investment advice or to be construed as legal, business or tax advice. References herein to RCP Advisors' specific investment strategies are not to be considered a recommendation or solicitation for any such investment strategy or for any fund investment. The information provided on the Website does not constitute a representation that any such investment strategy or fund investment is suitable or appropriate for any person.

The information contained on the Website has been prepared by RCP Advisors or obtained from sources believed to be reliable and current, but accuracy cannot be guaranteed. Past performance is not a guarantee of future results. Projections or forward looking statements contained on the Website are only estimates of future results or events that are based upon assumptions made at the time such projections or statements were developed or made. There can be no assurance that the results set forth in the projections or the events predicted will be attained, and actual results may be significantly different from the projections. Also, general economic factors, which are not predictable, can have a material impact on the reliability of projections or forward looking statements. Target allocations and objectives described in the Website are targets and objectives only, and there can be no guarantee that such target allocations or objectives will ultimately be achieved.

PRIVACY STATEMENT

The following privacy statement is issued by RCP Advisors, LLC, RCP Advisors 2, LLC and RCP Advisors 3, LLC (collectively, “RCP”) and each of the private equity funds (collectively, the “Funds”) managed or advised by RCP.

RCP considers privacy a fundamental right of the Funds’ investors and the firm’s clients and takes seriously the obligation to safeguard investor and client information. Accordingly, we do not share any non-public personal information of any current or former investor or client with any unaffiliated third parties, except as permitted by law, as authorized by our investors and clients and/or as described below. 

In the course of providing investment products and services to you, we collect non-public personal information about you from sources such as subscription agreements or advisory services agreements and related documents as well as from transactions related to your account. In the normal course of serving our investors and clients, the information we collect may be shared with companies that perform various services such as custodians, accountants, attorneys, broker-dealers and financial institutions as well as with governmental agencies. Specifically, we may disclose to these service providers all non-public information we collect, including:

  • Information we receive on subscription agreements or other forms, such as an investor’s or client’s name, address, telephone number, social security or tax identification number, amount of investment(s), and bank account information; and
  • Information about transactions with us, such as an investor’s or client’s capital account balance and other account data.

Finally, as required or permitted by the Funds’ respective partnership agreements, we may distribute to the investors in a Fund certain non-public personal information of the investors, such as commitment amounts and addresses, which may be recorded in schedules attached to such Fund’s partnership agreement.

Any service provider or organization receiving your personal information will be authorized to use such information only to perform the services required and as permitted by applicable law. Access to investors’ and clients’ non-public personal information is restricted to those employees and managers of RCP who require access to provide services to the Funds and their investors and to the firm’s clients. RCP maintains physical, electronic and procedural safeguards to protect non-public personal information. Investors’ and clients’ right to privacy extends to all forms of contact with RCP, including telephone, written correspondence and electronic media, such as the Internet.

RCP reserves the right to change our privacy policies and this Privacy Statement at any time. This notice is intended to comply with the privacy provisions of applicable U.S. federal law. You may have additional rights under other foreign or domestic laws that may apply to you.

For questions concerning this policy, please contact Nell Blatherwick at 312-266-7300 or via email at nblatherwick@rcpadvisors.com.


RCP ADVISORS PRIVACY NOTICE - EU INVESTORS

RCP Advisors, LLC

RCP Advisors 2, LLC

RCP Advisors 3, LLC

(collectively, “RCP Advisors”)

Background

RCP Advisors (“RCP,” “we”, “us” or “our”) respects your privacy and is committed to protecting your personally identifiable information (“Personal Data”). We are sensitive to the privacy concerns of those individuals about whom we process Personal Data (including our individual limited partners, investors, clients, and prospective and former investors and clients). This privacy notice (this "Privacy Notice") will inform you as to how we look after your Personal Data and tell you about your privacy rights and how the law protects you.

It is important that you read this Privacy Notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing your Personal Data, so that you are aware of how and why we are using such information.

We reserve the right to update this Privacy Notice at any time. We may also notify you in other ways from time to time about the processing of your Personal Data.

Applicability

This Privacy Notice applies to the processing of Personal Data of identified or identifiable natural persons (“Data Subjects”) who are residents of a member state of the European Union (“EU”) or the European Economic Area (“EEA”).

This Privacy Notice describes how we collect and use personal information about you during and after your relationship with us, in accordance with Regulation (EU) 2016/679 of the European Parliament and of 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, and repealing Directive 95/46/EC (General Data Protection Regulation) (the “GDPR”), as well as any law or regulation relating to the protection of Personal Data applicable to them, as any of such instruments may be modified or complemented from time to time (together, the “Data Protection Legislation”).

We are required under the Data Protection Legislation to notify you of the information contained in this Privacy Notice. If the Data Protection Legislation applies to you, you have certain rights with respect to your Personal Data, as outlined in greater detail below. It applies to:

»         individuals with whom RCP may have had contact for business purposes, either on our own account or on behalf of third parties or organizations;

»         individuals who are employed by or otherwise associated with RCP’s suppliers, vendors or professional advisors;

»         individuals who are involved in transactions or potential transactions which are evaluated or conducted by RCP or any of RCP’s affiliates; and

»         individuals who have opted to receive communications from RCP.

RCP makes available separate privacy notices which apply to individuals associated with investors in the funds managed or sponsored by RCP. This Privacy Notice does not form part of any contract for services.

Responsible RCP Entities

RCP is made up of different legal entities (the “RCP Group”), as outlined in greater detail below.

This Privacy Notice is issued on behalf of the RCP Group, so when we mention “RCP,” “RCP Advisors,” “we,” “us” or “our” in this Privacy Notice, we are referring to the relevant entity in the RCP Group responsible for processing your Personal Data.

For the purposes of the Data Protection Legislation, the RCP entity that you have dealings with is the controller of your Personal Data. This means that we are responsible for deciding how we collect, use, share and retain your Personal Data. We are required under the Data Protection Legislation to notify you of the information contained in this Privacy Notice.

If you have any questions regarding our use of your Personal Data or this Privacy Notice, including any requests to exercise your legal rights, please contact RCP’s Chief Compliance Officer:

Name:                    Nell M. Blatherwick

Email:                     dataprotection@rcpadvisors.com

Telephone:              312.266.7300

Address:           353 N. Clark Street, Suite 3500, Chicago, IL 60654

We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, and you are located in the EEA, you have the right to lodge a complaint with the competent supervisory authority (e.g., in Luxembourg, the Commission Nationale pour la Protection des Données – www.cnpd.lu). We would, however, appreciate the chance to deal with your concerns before you approach the relevant data protection authority, so please contact us in the first instance.

Personal Data that we collect

The types of Personal Data we collect and share depend on the product or service you have with us. This information can include:

»         name, date of birth, residence or citizenship;

»         contact information (e.g., email address, physical address, telephone number);

»         social security number or tax identification number;

»         information to verify your identity (e.g., driver’s license number, passport);

»         wire transfer instructions and other account details including account balances, assets and liabilities;

»         source of wealth, and if applicable, employment information, education history, and income;

»         investment experience and activity, risk tolerance and transaction history;

»         technical information (e.g., IP address) generated from your visits to our website or in relation to materials we send to you electronically;

»         any other information relating to you that you provide to us; and

»         identities of authorized representatives or beneficial owners of an investor.

For the avoidance of doubt, in the case of institutional investors, Personal Data includes Personal Data of individuals linked to such institution.

When you are no longer our client, we continue to process your information as described in this Privacy Notice, subject to our record retention policies and applicable law.

We may also collect information about your use of our website (www.rcpadvisors.com) when you enter and browse the website through the use of “cookies,” web server logs and other electronic tools. This information may include, without limitation, the number and frequency of visits to the website and your IP addresses.

If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to perform any contract we may have entered into with you, or we may be unable to deal with you.

Purposes and legal bases for which we collect and process your Personal Data

We collect and process your Personal Data for the purposes and on the legal bases identified below:

1. To perform the contract we are about to enter into or have entered into with you, e.g.:

»         administer and manage your subscription;

»         manage your investments and maintain your account(s);

»         verify your information;

»         make capital calls, payments or distributions;

»         report investment activity and fund performance; and

»         generally administer the affairs of a private fund.

2. To comply with our legal or regulatory obligations, e.g.:

»         comply with federal securities laws;

»         comply with laws applicable to investment advisers;

»         fulfill our legal, regulatory, and compliance obligations, including identity verification, know your client (KYC), terrorist financing, anti-money laundering, and sanctions checks; and

»         respond to governmental inquiries or examinations, court orders and legal investigations.

3. To pursue our legitimate interests or those of a third party, except where such interests are overridden by your interests, fundamental rights, or freedoms, e.g.:

»         perform accounting, billing, legal or tax audits;

»         comply with our internal compliance requirements;

»         to maintain our books and records;

»         identify and prevent fraud and other unlawful activity;

»         conduct credit and financial due diligence;

»         facilitate investments, including related financings;

»         respond to your inquiries;

»         monitor and improve our relationships with investors;

»         address or investigate any complaints, claims, proceedings, or disputes;

»         seek professional advice, including legal, accounting, and other advice;

»         manage and secure access to our offices, systems and online platform;

»         perform data analyses;

»         undertake a corporate business transaction (e.g., financing, merger, joint venture, sale of assets, bankruptcy);

»         manage our legal, operational, financial, commercial, and investment risks;

»         develop and market new products and services;

»         engage in general business marketing, including reporting on macro trends and other business and economic insights; and

»         send you periodic updates about RCP’s business, events, presentations and opportunities.

Please note that you can opt out of receiving marketing updates at any time by contacting us (including via email at dataprotection@rcp.com) or by asking your primary RCP contact.

Change of purpose

We will only use your Personal Data for the purposes for which we collected it or as otherwise described in this Privacy Notice, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Data sharing

We may share Personal Data with third-party service providers and other entities within the RCP Group, including:

»         the general partners of our funds, officers, employees;

»         your associates, advisers and representatives;

»         other limited partners or investors in our funds;

»         other entities within the RCP Group;

»         attorneys, auditors, accountants, consultants and other professional service providers;

»         custodians, third-party administrators, depositaries and transfer agents;

»         banks and lenders with whom we conduct business that have requested such information;

»         governmental, regulatory, tax or other public authorities as required by law;

»         in connection with any litigation or legal process;

»         anti-fraud services, credit reference agencies, debt-collection agencies, and tracing agencies;

»         any relevant party in connection with our legal, regulatory, and compliance obligations, including identity verification, know your client (KYC), terrorist financing, anti-money laundering, and sanctions checks;

»         any relevant third-party acquirer(s), in the event that we sell or transfer all or any relevant portion of the fund in which you are an investor; or

»         cloud service providers, IT and other information security personnel.

When do we share your Personal Data with other entities in the RCP Group?

We will share your Personal Data with other companies in the RCP Group for internal administrative purposes on the lawful basis of our legitimate interests.

Why do we share your Personal Data with third parties?

We will share your Personal Data with third parties where required by law, where it is necessary to administer our relationship with you or where we have another legitimate interest in doing so.

How secure is your Personal Data with third-party service providers and other entities in the RCP Group?

All our third-party service providers and other companies in the RCP Group are required to take appropriate security measures to protect your Personal Data in line with the Data Protection Legislation. Except where needed for their own direct relationship with you or where they otherwise act as a controller of your Personal Data, we do not allow our third-party service providers to use your Personal Data for their own purposes. We only permit them to process your Personal Data for specified purposes and in accordance with our instructions.

Transferring your Personal Data outside of Europe

We may transfer information about you to our affiliates or service providers outside of the EEA in the course of operating our business and to comply with our legal or contractual requirements. If we transfer Personal Data outside of the EEA, we will only do so pursuant to a valid transfer mechanism such as:

»         on the basis of an adequacy decision of the European Commission with respect to the protection of Personal Data and/or on the basis of the EU-U.S. Privacy Shield framework;

»         on the basis of appropriate safeguards according to Data Protection Legislation, such as standard data protection clauses, binding corporate rules, an approved code of conduct, or an approved certification mechanism;

»        where necessary for the purposes of compelling legitimate interests pursued by us, to the extent permitted by Data Protection Legislation; and

»         other valid transfer mechanisms.

Please contact us (preferably via email at dataprotection@rcp.com) if you would like further information on the specific mechanism used by us when transferring your personal information out of the EEA.

Data security

We have put in place appropriate security measures to protect your Personal Data.

Third parties will only process your Personal Data held by us where they are obliged to treat the information confidentially and to keep it secure. They will only process your Personal Data on our instructions and if they are subject to a duty of confidentiality.

We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to access it.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Data retention

We will only retain your Personal Data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Your rights in relation to your Personal Data

Under certain circumstances, under the Data Protection Legislation you have the right to:

»        Request access to your Personal Data (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.

»        Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

»        Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have exercised your right to object to processing (see below).

»        Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.

»        Request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it.

»        Request the transfer of your Personal Data to another party.

If you want to review, verify, correct or request erasure of your Personal Data, object to the processing of your Personal Data, or request that we transfer a copy of your Personal Data to another party, please contact us via email at dataprotection@rcp.com or via the other methods set out above.

No fee usually required

You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may, where the relevant law permits, charge a reasonable fee if your request for access is clearly unfounded or excessive (for example, for repeat copies). Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it.

Your right to withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your Personal Data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact us via email at dataprotection@rcp.com or via the other methods set out above. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in accordance with applicable law.

Updates to this Privacy Notice

This Privacy Notice may be amended or updated from time to time to reflect changes in our policies and procedures with respect to the processing of Personal Data or changes in applicable law.

This Privacy Notice was last updated on May 24, 2018.