ABDIEL WEBSITE DATA PRIVACY NOTICE
The purpose of this Data Privacy Notice (“Privacy Notice”) is to provide you with information on our use of Personal Data (as defined below) in connection with Abdiel’s website, www.abdielcapital.com (the “Site”) as well as its proprietary technology portal, currently hosted on the website https://www.abdielcapital.investorflow.com and other related platforms and electronic facilities (the “Portal” and, together with the Site, the “Services”), which allow you to access certain services provided by Abdiel Capital Advisors, LP and its affiliated entities (“Abdiel”). This Privacy Notice only applies to Personal Data we collect from visitors to the Site and Portal or that visitors provide through the Services to us.
“Personal Data” as used in this Privacy Notice means personal information that reasonably can be used to identify any individual person.
Notice of Collection and Use of Personal Data
What Categories of Personal Data We Collect
We collect the following categories of Personal Data:
- Identifiers: Identifiers such as your real name, alias, postal and residential address, email address, account name, Social Security number, driver’s license number, state identification card number, contact details, corporate contact information, tax identification number passport number, insurance policy number and other similar identifiers.
- Protected Classifications: Information classified as personal or protected information by state, federal or other applicable law, including your nationality, place and date of birth, race, color, national origin, age, sex, gender, marital status, number of children, citizenship status, information on criminal history/unlawful conduct and correspondence records.
- Commercial Information: Commercial information, including tax information, credit history, bank account details, money transfers including communications on bank transfers, source of funds details, investor profile and details related to your investment activity, including financial products or investment services purchased, obtained, or considered, and other investing or consuming histories or tendencies.
- Sensory Information: Voice mail, audio, visual (including your photograph and signature) and similar information.
- Employment Information: Professional or employment-related information, including your employment, employer’s name, and income.
- Education Information: Education information, including your level of education.
- Inferences: Inferences that we draw from your Personal Data in connection with a determination as to your suitability to make an investment, your capacity to evaluate the merits and risks of investments and your qualification to make an investment according to the terms of such investment.
Some of the information we collect may be classified as “Sensitive Personal Information” under applicable laws, including identifiers you provide us in your subscription document such as your social security number and financial account information. We use this information for the purposes disclosed elsewhere in this Privacy Notice. We do not sell this information or share it for cross-context behavioral advertising and, as with all Personal Data, only disclose it as described below.
How we Collect your Personal Data
We may collect certain Personal Data from you when you use our Services. This includes Personal Data you provide when you create an account on the Portal, as well as Personal Data we collect to provide you with access to your investment accounts managed by Abdiel (“Accounts”), to receive and access statements, agreements, documents, and communications, and to perform other Account actions. You may choose to contact us by email, in which case we will collect your name, email address and any other Personal Data that you choose to provide to us.
We may collect personal information about you when one of our investors loads such information to the Portal, such as when an investor loads information about beneficiaries. We may also in some cases obtain Personal Data on you from third parties such as our portfolio companies, vendors (e.g., background check providers), advisors and other business partners, social media networks or other publicly accessible directories and sources. These may include websites; bankruptcy registers; tax authorities; governmental agencies and departments and regulatory authorities to whom we have regulatory obligations; credit reference agencies; sanctions screening databases; and fraud prevention and detection agencies and organizations, including law enforcement.
How we Use your Personal Data
We collect, store and use your Personal Data for business or commercial purposes to which you have consented, and in addition, use for the following:
Processing that is necessary for the performance of a contract, including without limitation:
- providing you access to your account information through the Portal (including, but not limited to, account statements, account balance, order history, portfolio information and account positions, account documents, and agreements);
- delivering communications from Abdiel to you electronically through the Portal, in lieu of receiving such communications in writing;
- accessing and downloading agreements, subscription materials and personal documents;
- uploading agreements and documents through the Portal for electronic delivery to Abdiel; and
- sending Account instructions to Your Accounts on Your behalf.
Processing that is necessary for compliance with applicable legal or regulatory obligations, including without limitation:
- 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;
- surveillance and investigation activities;
- carrying out audit checks, and instructing our auditors;
- maintaining statutory registers; and
- preventing and detecting fraud.
Pursuing our legitimate interests, or those of a third party to whom your Personal Data are disclosed, including without limitation:
- complying with a legal, tax, accounting or regulatory obligation to which we or the third party are subject;
- assessing and processing requests you make;
- sending updates, information and notices or otherwise corresponding with you in connection with your investment(s);
- investigating any complaints, or pursuing or defending any claims, proceedings or disputes;
- providing you with, and informing you about, investment products and services;
- managing our risk and operations;
- complying with audit requirements;
- ensuring internal compliance with our policies and procedures;
- seeking professional advice, including legal advice;
- facilitating business asset transactions involving Abdiel or related entities;
- monitoring communications to/from us (where permitted by law);
- creating, improving and developing our products and services; and
- protecting the security and integrity of our IT systems.
We will only process your personal data in pursuance of our legitimate interests where we have considered that the processing is necessary, proportionate and, on balance, our legitimate interests are not overridden by your legitimate interests, rights or freedoms.
Sharing Your Personal Data
We do not sell any Personal Data to unaffiliated third-parties. In the past 12 months, we have not sold any Personal Data or shared any Personal Data for purposes of cross-context behavioral advertising, including no sales or sharing of Personal Data of minors under 16 years of age.
We may disclose your Personal Data to our agents, service providers, and their respective affiliates for the purposes described in this Privacy Notice. In certain circumstances we may be legally obliged to share your Personal Data with relevant regulatory authorities, administrative agencies, law enforcement agencies, ombudsmen or other oversight bodies such as the Cayman Islands Monetary Authority, the Tax Information Authority or the U.S. Securities and Exchange Commission. They, in turn, may exchange this information with foreign authorities, including tax authorities and other applicable regulatory authorities.
Our agents and service providers may process your Personal Data on our behalf, including with our banks, accountants, auditors and lawyers, which may be data controllers in their own right. Our service providers are generally processors acting on our instructions. Additionally, a service provider may use your Personal Data where this is necessary for compliance with a legal obligation to which it is subject (for example, to comply with applicable anti-money laundering and counter terrorist financing laws).
We may share your Personal Data with a third party that acquires, or is interested in acquiring, all or a substantial part of our assets or equity interests, or that succeeds us in carrying on all or a part of our business. In certain circumstances, we may share your Personal Data in connection with the investigation and assertion of legal rights.
Cookies on our Sites are generally divided into the following categories:
- Essential Cookies: These cookies are strictly necessary to provide you with services available through our Services and to use some of their features, such as access to secure areas.
- Performance and Functionality Cookies: These cookies are used to enhance the performance and functionality of our Services but are non-essential to their use.
- Analytics and Customization Cookies: These cookies collect information that is used to help us understand how our Services are being used or to help us customize our Services for you in order to enhance your experience.
We use Google Analytics which is a web analytics service offered by Google. Google Analytics uses the data collected to track and monitor the use of our Site. Google Analytics shares this data with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy.
Most web browsers automatically accept cookies. You can change your browser settings to notify you of the cookies being set or updated, and to block cookies. Please note that if you have turned off all cookies, some features of the Services may not be available to you or otherwise function as intended. To learn more about how to manage cookies on different types of browsers, you can visit the website www.allaboutcookies.org.
We do not currently use technology that recognizes “do not track” signals from your web browser.
Sending Your Personal Data Internationally
If you are located outside of the United States, please be aware that the Personal Data we collect will be processed and stored in the United States. The European Commission has deemed that the United States does not offer the same level of data protection as the European Union. Other jurisdictions where you reside or are a citizen may similarly determine the same with respect to the data protection and privacy laws of that jurisdiction.
Retention and Deletion of Your Personal Data
We will keep your Personal Data for as long as is consistent with the purposes for which we are processing it. For example, we may require it for our legitimate business purposes, to perform our contractual obligations, or where law or regulation obliges us to. We will generally retain an investor’s Personal Data collected through the Portal as long as the investor’s account is active. We will retain some Personal Data after your relationship with us ends.
How do We Protect Personal Data?
We apply technical, physical, and administrative information security measures designed to protect against unauthorized or unlawful processing of Personal Data, and against accidental loss or destruction of, or damage to, Personal Data, although we cannot guarantee that these will always be effective.
Additionally, we restrict access to non-public personal information about you to those of its employees and agents who need to know the information to enable us to provide services to you.
Our Services are not intended for children under the age of 18. We do not knowingly collect information from children under the age of 18, and we do not target children under the age of 18.
Data Subject Rights
Individuals located in California, the EEA, UK, Switzerland, the Cayman Islands and certain other jurisdictions, and investors in our Cayman Islands Funds, may have certain data subject rights. For purposes of this Privacy Notice, the controller of your Personal Data is the fund in which you invest. These rights vary but may include a right to:
- be informed about the purposes for which your Personal Data are processed;
- access your Personal Data, including requesting us to disclose to you the Personal Data we have collected, used and disclosed about you during the past 12 months;
- stop direct marketing;
- restrict the processing of your Personal Data;
- have incomplete or inaccurate Personal Data corrected;
- ask us to stop processing your Personal Data;
- be informed of a Personal Data breach;
- complain to a data protection ombudsman;
- obtain a copy of your Personal Data in a portable format;
- opt out of the sale of Personal Data; and
- require us to delete your Personal Data in some limited circumstances.
How to Exercise Your Data Subject Rights
Depending on your jurisdiction, you may also be entitled to direct any complaints in relation to our processing of Personal Data to your national or local data protection supervisory authority, or to the Cayman Islands Ombudsman, if the complaint is in relation to a Cayman Islands Fund. Please consult local authorities.
Individuals who submit requests for access or erasure of Personal Data 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 Data if the disclosure creates a substantial, articulable, and unreasonable risk to the security of your Personal Data, 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 Data again before your request is submitted. In certain circumstances, we may not erase all Personal Data, as permitted by applicable law.
You may designate an authorized agent to submit a request on your behalf by providing that agent with your signed permission to do so. If an agent makes a request on your behalf, we may still ask that you verify your identity directly with us and directly confirm with us that you provided the authorized agent permission to submit the request before we can honor the request. Agents who make requests on behalf of individuals will be required to verify the request by submitting signed authorization from the individual. We will not honor any requests from agents until authorization is verified.
Additional California Disclosures
In the preceding 12 months, we have collected and used Personal Data in the manner described above in the sections “Notice of Collection and Use of Personal Data – What Categories of Personal Data we Collect; – How we Collect your Personal Data; – How we Use your Personal Data.” We may have disclosed to third parties for our business purposes all of the categories of Personal Data as described above in that section. We will not discriminate against you for exercising data subject access rights.
Third parties may collect Personal Data about your online activities over time and across different websites, including your use of the Services. This Privacy Notice does not apply to, and we are not responsible for, the practices of third parties that collect your Personal Data.
California’s “Shine the Light” law permits California residents to annually request and obtain information free of charge about what Personal Data is disclosed to third parties for direct marketing purposes in the preceding calendar year. We do not share Personal Data with outside parties for their direct marketing.
Links to Other Sites
We are committed to processing your Personal Data lawfully and to respecting your data protection rights. Please contact us if you have any questions, concerns or complaints about this notice or the Personal Data we hold about you. You may contact us by calling (646) 496-9202 or writing to us at email@example.com.