Privacy

1. Introduction:

This Privacy Notice applies to the information collected by Aretex Capital Management, LP and Aretex Capital Management (UK), Ltd (collectively, “Aretex Capital Partners”, “us” or “we”) or any third parties acting with our authorization or otherwise provided to us by third parties about you, in each instance, in connection with your use of the website located at www.aretexcapital.com and all corresponding web pages thereof (the “Site”). Aretex Capital Management (UK), Ltd is registered as a data controller with the UK Information Commissioner's Office.

The collection and use of your information as described in this Privacy Notice is based on your voluntary consent and on our contractual obligations to you or our legitimate interest. If you do not agree with the terms of this Privacy Notice, then please do not use the Site. 

 

2. What Personal Data Do We Collect?

We do not collect personal data or other information about you when you visit our Site unless you have provided it voluntarily, by e-mailing us via the contact e-mail(s) listed on the Site.  Such personal data may include your name, e-mail address, and other information you provide to us via such e-mail correspondence. We may also collect some information from other sources. For example, if we have a business relationship with the organisation that you represent, your colleagues or other business contacts may give us information about you such as your contact details or details of your role in the relationship. We also sometimes collect information from third party data providers or publicly available sources.

 

3. How Do We Use the Personal Data We Collect, and what is the legal basis for this use?

We will only collect and process your Personal Information:

• To fulfil a contract, or take steps linked to a contract: in particular, communicating with you about your contract.

• Where there is necessary for our legitimate interests. These are:

  • to analyse and improve the use of our Site and services, and support and improve the browsing experience of visitors to the Site;

  • managing our relationship with you, e.g. by responding to your queries submitted to us on the Site;

  • for anti-money-laundering, background checking and similar purposes;

  • managing our legal and operational affairs; and

  • providing general administrative and performance functions and activities.

• Where you have explicitly consented

  • providing you with marketing information about products and services via email; and

  • on other occasions  where we ask you for consent, we will use the data for the purpose which we explain at the time.

• To comply with our regulatory and legal obligations or to enforce our legal rights, including to retain documents and information related to a legal action, to enforce the Terms of Use; and to report data breaches or unauthorized access to the Site.

You may opt out of receiving marketing emails from us by following the instructions outlined in the email.

 

4.  Do We Share Your Personal Data?

We take your privacy seriously and will not share your personal data or information with others except in the following circumstances:

• Corporate Transactions or Events:  We may disclose your personal data in connection with a merger, sale of substantially all of our assets or stock, joint venture, transfer, corporate reorganization or other disposition of our business to our advisers, any prospective purchaser's adviser and the new owners of the business.

• Regulators, Law Enforcement Bodies, Courts Pursuant to Law, Rule or Regulation:  We may share or disclose your information with other parties as we deem necessary or appropriate under applicable law, rule or regulation.  Examples of these purposes include: to respond to requests from public, governmental and regulatory authorities, to comply with court orders, to obtain legal remedies or limit our damages, to enforce this Privacy Notice or the Terms of Use, and to protect the rights, safety and/or property of you, our employees or others.
   

5. How Will We Protect Your Personal Data?

While no data transmission over the Internet or wireless networks is 100% secure from intrusion, we maintain and have implemented physical, electronic, technical and procedural security policies and measures to protect the personal data that we collect, use and/or store, which are consistent with applicable privacy and security laws.  These policies and measures are designed to prevent against loss, misuse, unauthorized access, modification and disclosure and unlawful destruction of your personal data. 

  

6. How Long Do We Keep Your Personal Data?

We access, retain, store and use personal data for the least amount of time necessary pursuant to our relationship with you, at least a minimum of 5 years, in accordance with our data retention policies and applicable law.  We do not collect more personal data than is necessary to fulfill our obligations to you or at law or for purposes stated in this Privacy Notice. 

 

7. What Rights and Choices Do You Have with Regard to Your Personal Data?

If you are an EU citizen or reside in the EU, you may have certain rights with respect to the personal data you provided to us.  To the extent permitted by applicable data protection laws, you may:

• Access or modify your personal data;

• Object, on grounds relating to your particular situation, at any time to the processing of your personal data if the legal ground we are relying on is our legitimate interest or in the public interest;

• Request that your personal data be erased if it is no longer necessary for the purposes for which it was processed, you have withdrawn consent to, or object to, the processing of such personal data and we meet no other legitimate basis for such processing or it has been unlawfully processed;

• Restrict the processing of your personal data if you contest its accuracy or the lawfulness of our processing, we no longer need it but you need it for a legal claim or you have objected to its processing and await verification of our legitimate grounds for processing it;

• Under certain circumstances, have your personal data transferred to another company or provided to you in a structured, machine readable format; or

• Withdraw any consents that you have previously provided to allow us to process your personal data.

Please note that the above mentioned rights may be limited, for example if fulfilling such a request would reveal personal data about another person, or if an individual asks us to delete information which it is required by law or has compelling legitimate interests to keep. When responding to a request we will inform you of the relevant exemptions that we rely upon.

If you wish to exercise any of these rights please contact us at info@aretexcapital.com.  Please note that some requests may require you to verify your identity. You can also lodge a complaint with the data protection authority in the country you reside in, where you work or where we are located.

 

8. Will Personal Data be Transferred Outside of the EEA?

Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers.  We and some of our affiliates, servers, vendors and service providers may not be located in your jurisdiction and may also be located outside of the European Economic Area and Switzerland.  If you are an EU citizen or resident in the EU, we will transfer your personal data to the United States in accordance with EU data protection law requirements by using model contractual clauses that have been approved by the European Commission or other appropriate means. 

Please note that such transfers may also be necessary in order to perform our obligations under a contract with you, to fulfill a request made by you, to meet a legal or regulatory obligation and/or through obtaining you express consent.  If you wish to gain more information about such transfers, please contact us at info@aretexcapital.com.

 

9. Do We Use Cookies and Tracking Technologies?

Please note that we may use cookies on this Site in order to identify what kind of device you have in order to enable us to present content in the best way, to enable us to carry out a language switch, to make the Site operate more efficiently and in order to gather information about how people use our Site. A cookie is a small data file that is placed on your computer by the websites that you visit. Such cookies do not retrieve information about you stored on your hard drive and do not corrupt or damage your computer or computer files. We do not use cookies to collect Personal Information.

In particular, we use the following cookies:

• Strictly necessary 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. It is only used to improve how the Site works.

We use Google Analytics, a web analytics service provided by Google, Inc ("Google"). Google Analytics uses cookies to help website operators analyse how users use the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. Please see Google's privacy policy for more information on the data Google collects and how to manage your consent preferences.

 

10. Can Children Use the Site?

Our Site is not directed to children under the age of majority.  We do not knowingly collect information, including personal data from children or other individuals who are not legally able to use the Site.  If we obtain actual knowledge that we have collected personal data from someone under the age of majority, we will promptly delete it, unless we are legally obligated to retain such data.  If you believe that we have mistakenly or unintentionally collected information from someone under the age of majority, please contact us at info@aretexcapital.com.  For users in the United States, please also visit https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online for information from the Federal Trade Commission about protecting children’s privacy online.

 

11. What Other Information Should You Know?

From time to time, we may modify this Privacy Notice to reflect industry initiatives, third party requirements or changes in the law, technology, our information collection and use practices or the features and functionality of the Site, and such modifications shall be effective upon posting.  When we change this Privacy Notice in a material way, a notice will be posted in advance on the Site along with the updated Privacy Notice.  Your continued use of the Site after we post a revised Privacy Notice (and, where appropriate, notify you of same) signifies your notice of the revised Privacy Notice.  It is therefore important that you review this Privacy Notice regularly to ensure you are updated as to any changes. We may continue to process your information based on our legitimate interests or in order to fulfill our obligations under a contract and/or may also seek your affirmative consent to the terms of the updated Privacy Notice.   For example, we may ask for your consent before implementing new uses of the personal data that we’ve already collected from you based on such consent, if such new use was not addressed by the privacy notice under which such information was collected or if our legal basis for processing such information changes.

 

12. How Can You Contact Us?

If you have any questions or concerns about our privacy practices, how we handle your personal data or any of the terms or conditions of this Privacy Notice, please feel free to contact us at info@aretexcapital.com or at Aretex Capital Partners, 152 W. 57th Street, 8th Floor, New York, NY 10019 or at Aretex Capital Partners, 91 Jermyn Street London, SW1Y 6JB.