AFBI LP (the “Firm,” “we,” “us,” “our”) takes seriously protecting the privacy of our Funds’1 and accounts current, prospective, and former investors who are natural persons (including IRAs). We are providing you with this Privacy Policy to help you better understand how and why we collect, use, share, disclose, and protect personal data (as defined below) about you. If you are a California Resident (as defined below), please review the below section, “Additional Information for California Residents” for additional disclosures, our Notice at Collection, and a description of your rights under the California Consumer Privacy Act (with any implementing regulations and as may be amended from time to time, “CCPA”).
Collection of Personal Data
The Firm may collect nonpublic personal information and other personal information about you to facilitate your investments and for our business and commercial purposes. “Personal data” for purposes of this Privacy Policy includes nonpublic personal information and personal information as defined under the CCPA with regard to California residents.
Depending on how you interact with us, the Firm may collect all or some of the following categories of personal data from or about you, including:
- identifiers and similar information such as, name, address, date of birth, email address, social security number, driver’s license number, passport number, online identifiers or other similar identifiers;
- certain information protected under federal or state laws such as a signature or bank account or other financial information;
- characteristics of protected classifications under federal or state laws, including gender, national origin, or marital status;
- commercial information, including records of products or services purchased, obtained, or considered, or other purchasing histories or tendencies, including funds invested, investments considered, or sources of wealth;
- audio (e.g., voicemail), electronic, visual or similar information;
- internet or other electronic network activity information, including interactions with our Website or use of certain online tools;
- professional or employment-related information, including occupation, compensation, employer, and title;
1 “Funds” means the following entities, which are managed or advised by the Firm: AFBI Multi-Strategy Opportunistic Onshore Fund LP and AFBI Multi-Strategy Offshore Fund I Ltd.
inferences drawn from any of the information identified above to create a profile reflecting your preferences or similar information, including your potential interest in investing in new funds; and
- sensitive personal information under the CCPA such as your social security number, passport number, driver’s license, or state identification card.
Sources of Personal Data
The Firm may collect personal data about you directly from you and/or your intermediaries through sources such as: (i) account applications, subscription agreements, and other forms or related documentation; (ii) written, electronic, or verbal correspondence with us or our service providers; (iii) investor transactions; (iv) an investor’s brokerage or financial advisory firm, financial advisor, or consultant; and/or (v) from information captured on applicable websites. In addition, the Funds may collect personal data from different sources, such as: (i) our affiliates, our service providers, or our affiliates’ service providers; (ii) public websites or other publicly accessible directories and sources, including bankruptcy registers, tax authorities, governmental agencies and departments, and regulatory authorities; and/or (iii) from credit reporting agencies, sanctions screening databases, or from sources designed to detect and prevent fraud.
Purposes for Collection and Use of Personal Data
The Firm may collect or use personal data for various business or commercial purposes, including: (i) performing services on behalf of a fund, including fulfilling your requests, maintaining or servicing accounts, providing investor relations service, processing subscriptions and withdrawals/redemptions, verifying information, processing payments, or providing similar services; (ii) communicating with you;
(iii) performing our contractual and regulatory obligations to a subscriber to a fund, including providing updates on a fund’s performance, providing tax reporting and other operational matters; (iv) detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, including preventing fraud and conducting “Know Your Client,” anti-money laundering, terrorist financing, and conflict checks; and (v) enabling or effecting commercial transactions.
Disclosure of Personal Data
The Firm may disclose all of the personal data that we collect with our affiliates in order to service your account or provide you with information about services that may be of interest to you. Otherwise, we do not disclose any personal data about you, except: (i) to service providers, including administrators, banks, auditors, law firms, consultants, and placement agents; (ii) at your request or direction or with your consent; and/or (iii) as otherwise permitted or required by law or regulation, including, but not limited to, governmental organizations and self-regulatory organizations. The Firm also restricts access to personal data to those of its employees and agents that have been advised as to its proper handling and have a business purpose for such access. Additionally, we may disclose personal information in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, or liquidation).
Security of Personal Data
The Firm will take reasonable steps and use security measures appropriate to the nature of the information and that comply with applicable laws to protect investors’ personal data against unauthorized access and exfiltration, acquisition, theft, or disclosure. Given the nature of information security, there is no guarantee that such safeguards will always be successful.
Rights to Investors to Limited Sharing
We may share nonpublic personal information with affiliated funds to market to you. Federal law gives you the right to limit some but not all marketing from our affiliates. To limit sharing of nonpublic personal information to our affiliates to market to you, please send an email to ir@afbilp.com with the subject line “Do Not Share Marketing information with Affiliates” that includes the statement “Do not share my nonpublic personal information with your affiliates to market their products or services to me.” State law and individual companies may give you additional rights to limit sharing.
Please note that for purposes of this section (“Rights to Investors to Limited Sharing”) “sharing” does not mean “sharing” as defined under the CCPA. For additional disclosures and information on our CCPA practices, please review “Additional Information for California Residents,” below.
Further Information
The Firm reserves the right to change this Privacy Policy at any time. Revised versions of the Privacy Policy will be made available to investors via email and/or posting to the Funds’ investor portal or via email distribution to you. You may have additional rights under other foreign or domestic laws that may apply to you, including as set forth in the Funds’ or account’s additional privacy notices.
Additional Information for California Residents
The CCPA imposes certain obligations on the Funds and grants certain rights to California residents (“California Resident,” “you” or “your”) with regard to “personal information.” If you are a California Resident, please review the following information about your potential rights with regard to your personal information under the CCPA. The rights described in this section are subject to exemptions and other limitations under applicable law.
Terms used in this section have the meaning ascribed to them in the CCPA. The Firm and each fund are together a “business.”
Notice at Collection and Use of Personal Information
Information We Collect
Depending on how you interact with us, we may collect the categories of personal information listed above in the section “Collection of Personal Data.”
Purpose for Collection and Use of Information
We may collect and use personal information from you for the purposes described above in the section “Purposes for Collection and Use of Personal Data.”
Sale or Sharing of Personal Information
We do not sell or share your personal information (as such terms are defined under the CCPA).
How Long We Keep Information
How long we keep your personal information will vary depending on the type of personal information and our reasons for collecting it. The retention period will be determined by various criteria, including the purposes for which we are using it (as it will need to be kept for as long as is necessary for any of those
purposes) and our legal obligations (as laws or regulations may set a minimum period for which we have to keep your personal information). In general, we will retain your personal information for as long as we require it to perform our contractual rights and obligations or for periods required by our legal and regulatory obligations.
For more information about our privacy practices, please review our entire Privacy Policy, which is available starting on the first page of this document.
Our Collection, Use, and Disclosure, of Personal Information and Sensitive Personal Information
What Information We Have Collected, the Sources from Which We Collected It, and Our Purpose for Collecting the Information
In the preceding 12 months, depending on how you interact with us, we may have collected the categories of personal information listed above in the section, “Collection of Personal Data.” We may collect personal information from all or some of the categories of sources listed in the section, “Sources of Personal Data.” We may collect all or a few of these categories of personal information for the business or commercial purposes identified in the section, “Purposes for Collection and Use of Personal Data.”
Our Disclosure of Personal Information
We do not sell or share your personal information (as those terms are defined under the CCPA). We do not knowingly sell or share personal information of California Residents under 16 years old. In the preceding 12 months, we may have disclosed for a business purpose the following categories of personal information to counterparties and intermediaries (e.g., broker dealers) in connection with investments and transactions or for operational purposes:
- Identifiers (for example your name, address, DOB, SSN, driver’s license, passport number and online identifiers); and
- Additional information subject to Cal. Civ. Code § 1798.80(e) (for example, a signature, state identification card number, financial information, or bank account information).
In addition, in the preceding 12 months, we may have disclosed all of the categories of personal information identified in “Collection of Personal Data” above, to the following categories of third parties: (i) judicial courts, regulators, or other government agents purporting to have jurisdiction over us, our subsidiaries or our affiliates, or opposing counsel and parties to litigation; and (ii) other third parties as may otherwise be permitted by law. We may disclose personal information to all of the third parties listed above to comply with our legal obligations or for the business or commercial purposes identified above in “Purposes for Collection and Use of Personal Data.” Additionally, we may disclose your personal information to third parties upon your request, at your direction or with your consent.
We may also disclose or make available your personal information with our service providers such as our administrator, IT providers, or CRM provider, other entities that have agreed to limitations on the use of your personal information, or entities that fit within other exemptions or exceptions in or as otherwise permitted by, the CCPA.
Use and Disclosure of Sensitive Personal Information
As noted above in “Collection of Personal Data” under the CCPA, certain personal information we collect and process may be considered “sensitive personal information.” The CCPA requires that we provide you with a right to limit our use or disclosure of such sensitive personal information in certain circumstances. Currently we are not using your sensitive personal information for purposes that would require that we provide you with a right to limit.
California Residents’ Rights under the CCPA
If your personal information is subject to the CCPA, you may have certain rights concerning that information, subject to applicable exemptions and limitations, including the right to: (i) be informed, at or before the point of collection, of the categories of personal information to be collected and the purposes for which the categories of personal information shall be used; (ii) not be discriminated against because you exercise any of your rights under the CCPA; (iii) opt-out of the “sale” (as that term is defined in the CCPA) of your personal information if a business sells your personal information (we do not); (v) opt-out of the “sharing” (as that term is defined in the CCPA) of your personal information if a business shares your personal information with third parties (we do not); (vi) limit the use and disclosure of sensitive personal information where required by the CCPA (“Right to Limit”) (please note that we are not using your sensitive personal information for purposes that would require that we provide you with a Right to Limit); (vi) correct inaccurate personal information (“Request to Correct”); (iv) request that we delete any personal information about you that we collected or maintained, subject to certain exceptions (“Request to Delete”); and (vii) request that we, as a business that collects personal information about you and that discloses your personal information for a business purpose, disclose to you (“Request to Know”):
(a) the categories of personal information we have collected about you; (b) the categories of sources from which we have collected the personal information; (c) the business or commercial purpose for collecting the personal information; (d) the categories of third parties with which we disclose personal information; and (e) the specific pieces of personal information we have collected about you.
The CCPA does not restrict our ability to do certain things like comply with other laws or comply with regulatory investigations. In addition, the CCPA does not apply to certain information like personal information collected, processed, sold, or disclosed pursuant to the federal Gramm-Leach-Bliley Act and its implementing regulations. We also reserve the right to retain, and not to delete, certain personal information after receipt of a Request to Delete from you where permitted by the CCPA or another law or regulation.
How to Submit a Request under the CCPA
You may submit a Request to Know, Request to Correct, or a Request to Delete (“Consumer Rights Request”) as described above, by emailing ir@afbilp.com.
The Firm is only required to respond to verifiable Consumer Rights Requests made by you or your legally authorized agent. When you submit a Consumer Rights Request, we may ask that you provide clarifying or identifying information to verify your request. Such information may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, your name and email address. Any information gathered as part of the verification process will be used for verification purposes only.
You are permitted to designate an authorized agent to submit a Consumer Rights Request on your behalf and have that authorized agent submit the request through the aforementioned methods. In order to be able to act, authorized agents have to submit proof that they are authorized to act on your behalf or have a
power of attorney. We may also require that you directly verify your own identity with us and directly confirm with us that you provided the authorized agent permission to submit the request.
Changes to this Privacy Policy
From time to time, we may update or revise this Privacy Policy. If there are changes to the terms of this Privacy Policy, documents and locations containing the revised Privacy Policy will be updated.
How to Contact Us
IF YOU HAVE ANY QUESTIONS CONCERNING THIS PRIVACY POLICY, PLEASE EMAIL IR@AFBILP.COM