Privacy Policy

PHASE 2 PARTNERS, LLC PRIVACY POLICY

The Phase 2 Partners Privacy Policy (“Privacy Policy”) is intended to acquaint you with Phase 2 Partners, LLC’s (“Phase 2,” or the “Firm”) policies regarding information and system security. This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.phase2partners.com (the “Site”). In this Privacy Policy, “we,” “us” and “our” refers collectively to Phase 2 and its affiliates and/or delegates and investment funds and accounts managed, advised, or administered by Phase 2 (each, a “Fund” and collectively, the “Funds”). 

This Privacy Policy is provided to you in order for us to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other relevant federal and California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

I.  PERSONAL INFORMATION WE COLLECT

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly with a particular consumer or device (“Personal Information”). Personal Information includes, but is not limited to, the following if it identifies, relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household. 

We collect the following categories of Personal Information from consumers:

A.  Identifiers

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

YES

B.  Financial information and other personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

YES

C. Protected classification characteristics under California or federal law

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

NO

D. Commercial information

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

NO

E. Biometric information

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

F. Internet or other similar network activity

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

NO

G. Geolocation data

Physical location or movements.

NO

H. Sensory data

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

I. Professional or employment-related information

Current or past job history or performance evaluations.

NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

NO

K. Inferences drawn from other personal information

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from consumers or their agents, both in writing and orally. For example, from documents that our clients provide to us related to the services for which they hire us.
• Indirectly from consumers or their agents. For example, through information we collect from our clients in the course of providing services to them.
• Directly and indirectly from activity on our website (www.phase2partners.com) and interactions with our electronic communications. For example, from submissions through our website portal or website usage details collected automatically.
• From third-parties that interact with us in connection with the services we perform. For example, from custodians or broker-dealers who provide financial services to our clients.

In addition, we automatically collect certain data from individuals who visit our website. When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

-Cookies. “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

-Log files. “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

-Web beacons. “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA's scope, like health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data.
• Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

II.  USE OF PERSONAL INFORMATION

We may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason you provided the information to us. For example, if you provide us with personal information so that we can provide you with financial advice, we may use the information to tailor such advice to your circumstances. Similarly, if you hire us to provide discretionary asset management services, we may use the information as necessary to transmit instructions to third-parties to facilitate securities transactions or related activities on your behalf.
• To provide you with other information, products, or services that you request from us.
• To create, maintain, customize, and secure your account with us.
• To process your requests, transactions, and payments and prevent fraud.
• To provide you with notifications, reports, statements, invitations and other notices concerning products, services, events, or news that you may request or that may be of interest to you.
• To carry out our obligations and enforce our rights arising from any contracts between you and us, including for billing and collections.
• To improve our website and electronic communications, present their contents to you, and maintain their security.
• As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
• To respond to law enforcement and regulatory agency requests, as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of your personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Should we wish to use Personal Information for other specific purposes, we will contact you or provide you with other prior notice. 

III.  SHARING YOUR PERSONAL INFORMATION

We do not sell any Personal Information to unaffiliated third-parties and have not sold any Personal Information in the past 12 months.

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.

We will share your Personal Information with:

• the fund administrator, and its respective affiliates for the purposes set out in this Notice, which include:  

·  managing our relationship with you;

·  delivering the services you require;

·  managing your investment;

·  supporting and administering investment-related activities;

·  complying with applicable investment laws and regulations;

·  delivering and facilitating the services needed to support our business relationship with you; and

·  supporting and administering investment-related activities,

• tax authorities:

·  to comply with applicable laws and regulations; and

·  where required by tax authorities (who, in turn, may share your personal data with other tax authorities),

• our lawyers, auditors and other professional advisors for purposes of:

·  providing you with investment-related services; and

·  seeking advice on, and complying with, legal and regulatory requirements or legal rights and obligations.

We may share Personal Information for purposes including the following:

• The processing is necessary for the performance of a contract, for example: 
  • administering or managing the Fund;
  • processing your subscription and investment in the Fund, such as entering your information in the register of shareholders; 
  • sending you statements relating to your investment;
  • providing advisory services to you; 
  • opening an account for you; and
  • processing a transaction for your account. 
• In pursuance of our legitimate interests, or those of a third party to whom your personal data are disclosed, for example:
  • complying with a legal, tax, accounting or regulatory obligation to which we or the third party are subject;
  • assessing and processing requests you make;
  • managing our risk and operations; 
  • complying with audit requirements;
  • ensuring internal compliance with our policies and procedures; and
  • marketing products and services to you.
• The processing is necessary for compliance with applicable legal or regulatory obligations, for example:
  • undertaking investor due diligence including anti-money laundering and counter-terrorist financing checks, including verifying the identity and addresses of our investors (and, where applicable, their beneficial owners);
  • sanctions screening and complying with applicable sanctions and embargo legislation;
  • complying with requests from regulatory, governmental, tax and law enforcement authorities; and
  • responding to court orders and legal investigations. 

In exceptional circumstances, we will share your Personal Information with regulatory, prosecuting and other governmental agencies or departments, and parties to litigation (whether pending or threatened) in any country or territory, as and to the extent required by law.

We will only process your personal data in pursuance of our legitimate interests where we have considered that the processing is necessary and, on balance, our legitimate interests are not overridden by your legitimate interests, rights or freedoms.

IV.  RETENTION OF PERSONAL INFORMATION

We retain Personal Information for as long as required by us to meet contractual obligations and perform services or comply with applicable legal or regulatory obligations. For example, we may require Personal Information for our legitimate business purposes, to perform our contractual obligations, or where law or regulation obliges us to. We expect to delete your Personal Information (at the latest) once there is no longer any legal or regulatory requirement or legitimate business purpose for retaining your personal data.

V.  HOW DO WE PROTECT PERSONAL INFORMATION?

We apply appropriate technical, physical, and administrative information security measures designed to protect against unauthorized or unlawful processing of Personal Information, and against accidental loss or destruction of, or damage to, Personal Information.

VI.  CHILDREN’S PRIVACY

We are committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. Our services are not intended for and may not be used by children under the age of 13. We do not knowingly collect information from children under the age of 13 and we do not target children under the age of 13.

VII.  NON-DISCRIMINATION

Under the CCPA, you cannot be discriminated against for exercising your rights to access or request erasure of your Personal Information.

VIII.  CALIFORNIA SHINE THE LIGHT DISCLOSURE

California’s “Shine the Light” law permits California residents to annually request and obtain information free of charge about what personal information is disclosed to third parties for direct marketing purposes in the preceding calendar year.  We do not distribute your personal information to outside parties without your consent for their direct marketing.

IX.  RIGHTS UNDER CCPA

You have certain rights under the CCPA. These include the right to: (i) request the deletion of your Personal Information that we collect or maintain; (ii) opt out of the sale of Personal Information; and (iii) obtain a copy of your Personal Information in a portable format.

X.  HOW TO EXERCISE YOUR CCPA RIGHTS

Individuals who submit requests for access or erasure of Personal Information will be required to verify their identity by answering certain questions. We will not disclose or delete any information until such individual’s identity is verified.

If you are making a request for access, we may not be able to provide specific pieces of Personal Information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of your Personal Information, your account with us, or our systems or networks.

If you are making a request for erasure, we will ask that you confirm that you would like us to delete your Personal Information again before your request is submitted.  In certain circumstances, we may not erase all Personal Information, as permitted by the CCPA.

You may designate an authorized agent to submit a request on your behalf by providing that agent with your written permission. If an agent makes a request on your behalf, we may still ask that you verify your identity directly with us before we can honor the request.

Agents who make requests on behalf of individuals will be required to verify the request by submitting written authorization from the individual. We will not honor any requests from agents until authorization is verified.

XI.  COMPLAINTS

We take very seriously any complaints we receive about our use of Personal Information. Please contact us using the information below if you have any questions, comments, requests or complaints regarding this Privacy Policy, or if you wish to discuss your data protection rights with us.

XII.  CONTACT INFORMATION

To exercise any of your rights or if you would like to discuss any questions or concerns, please contact us by calling (collect or otherwise) at (650) 796-8689, or by writing to us at rachael@phase2partners.com.

Phase 2 Partners, LLC

44 Montgomery Street

Suite 2970

San Francisco, California

94104

Attn: Rachael Clarke

XIII.  CHANGES TO OUR PRIVACY POLICY

We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will notify you by email or through a notice on our website homepage.

TERMS & CONDITIONS

By using this website (“site”), you signify your consent to the following terms and conditions without limitation of qualification. If you do not agree to these terms and conditions, do not use this website.

Ownership:  Phase 2 Partners LLC (“Phase 2”) has provided the information and materials contained on this website for informational purposes only. All information, content, forms, photographs, graphics, and software available on or through this website (collectively "Content") is owned and/or controlled by Phase 2. The Content is protected by U.S. and foreign copyright, trademark, common law rights and statutes. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the website for commercial or public purposes, without the prior written permission of Phase 2. Nothing at this site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark at the site. No act of downloading or otherwise copying from this site will transfer rights or title to any material at this site to you. Anything that you transmit to this site becomes the property of Phase 2 and may be used by it for any lawful purpose and is further subject to disclosure as deemed appropriate by Phase 2, including to any legal or regulatory authority to which it is subject.

Permitted Use: This site is for your personal and non-commercial use.  By accessing this site, you signify your agreement with and understanding of these Terms & Conditions pertaining to both this site and any Content at it. This site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this site constitutes your agreement to all such terms, conditions, and notices. Phase 2 reserves the right to change the terms, conditions, and notices under which this site is offered. Phase 2 makes no representations or warranties as to the accuracy, reliability or completeness of any information at this site. The materials at this site are provided "as is" without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law.  Phase 2 has not reviewed any of the sites linked to this site and is not responsible for the content of off-site pages or any other site linked or linking to the site. Your linking to any off-site pages or other sites is at your own risk.  Contents at this site is subject to change without notice.

No Offer of Securities: Under no circumstances should any material at this site be used or considered as an offer to sell or a solicitation of an offer to buy, any securities or investment services, including any investment vehicle, account or other product (each, a “Product”) implementing Phase 2’s strategy (the “Strategy”). An offer to buy an interest in a Product may only be made by and is subject to the applicable investment management agreement, or other offering or subscription documentation (collectively, “Governing Documents”) and only in jurisdictions in which such an offer would be lawful.

Disclaimers and Limitations of Liability: Past performance is no guarantee of future performance, and Phase 2 makes no representations or warranties regarding future performance. Information and materials contained in this website, especially as they involve opinions or estimates or pertain to investment strategies or objectives, reflect a judgment at the original date of publication and are subject to change without notice. This website is subject to periodic update and revision. Phase 2 reserves the right, in its sole discretion, without any obligation and without any notice, to change, modify or delete the Content or to suspend or deny access to it. Phase 2 may discontinue or change any product or services described in this website at any time. Content should only be considered current as of the date of initial publication, without regard to the date on which you may access it. Phase 2 makes no representations or warranties as to the accuracy of the Content. Under no circumstances will Phase 2 or its affiliates, members, partners, employees, representatives or clients, or any other party involved in creating, producing, or delivering this website or the Content (collectively, the “Indemnified Parties”) be liable for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the Content, even if a Phase 2 authorized representative has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the Indemnified Parties’ liability in those jurisdictions only will be limited to the fullest extent permitted by law. Phase 2 also assumes no responsibility, and will not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this website or your downloading of any Content from this website. If you are dissatisfied with any portion of the website, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using this website.

Indemnification: You agree to defend and indemnify the Indemnified Parties and hold them harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising in any way from (i) your use of this website or (ii) your breach or violation of law or any provisions contained in these terms and conditions. Phase 2 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.

Integration and severability: If any provision of these terms and conditions is found to be invalid, unlawful, void or for any reason unenforceable then that provision will be severed from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. These terms and conditions represent and constitute the entire agreement between Phase 2 and you relating to the subject matter discussed in these terms and conditions.

Applicable law: These terms and conditions will be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflicts of law. You hereby consent and submit to the exclusive and personal jurisdiction and venue of courts in the State of California, which shall have exclusive jurisdiction of any and all disputes arising out of or relating to these terms and conditions and the use of the site.

Jurisdictional issues: Unless otherwise specified, the information and materials in or accessible through this website are directed at residents of the United States. This website is controlled and operated by Phase 2 from its offices within the State of California, United States of America. Phase 2 makes no representation that material in or accessible through this website is appropriate for use in other locations or that it is legal to access to them in other locations. If you choose to access this website from other locations, you do so on your own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You may not use or export the information or material in violation of U.S. export laws and regulations. The information provided in or accessible through this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Phase 2 to any registration or other requirement within such jurisdiction or country.

Contact: You can contact Phase 2 at the phone number or email address provided in the Privacy Policy section of this website.