Effective as of July 25, 2021
2. Personal Data We Collect.
We may collect Personal Data about users of this Website through the following sources:
Personal Data that you Submit to us through this Website.This includes Personal Data that we receive on applications or other forms (such as the "Contact Us" form) available on this Website. This may include: Your name and/or log-in details for password-protected areas of this Website;Contact details, such as your personal or work postal address, email address, and phone number;Information about your communications with us, including the Personal Data that you provide to us in email or in conversations with SOMOS employees and other personnel; andYour marketing preferences, including any consents that you have given to SOMOS.
If you provide Personal Data about any person other than yourself, it is your responsibility to ensure that they understand how their Personal Data will be used and that they have given their permission for you to disclose their Personal Data for our use and that of our outsourced service providers.
Information that we may Collect Automatically.SOMOS may automatically collect certain Personal Data to help us understand how users interact with this Website (the "Usage Data"). This may include:Your IP address;Browser and computer or other device type;Access time; andThe webpage from which you came, and the webpage(s) that you access during your visit to this Website.
SOMOS may combine Usage Data with other Personal Data to enable us to trace Usage Data to an individual user. Some web browsers may have "Do Not Track" settings that users can enable. This Website does not support "Do Not Track" browser settings and does not currently employ any "Do Not Track" mechanisms or frameworks that would allow us to respond to requests from users regarding the collection of their Personal Data.
Information that we may Collect from Third Parties.SOMOS may occasionally receive Personal Data from third-party sources, such as where our trusted suppliers provide web analytics and reporting services to us.
Users have the right to control their cookie preferences as they wish. For example, you can delete all cookies that are already stored in your browser directory. For the majority of browsers, you can also set your cookie preferences to avoid these from being stored in the future. Enabling cookies is not and will likely not ever become necessary for this Website to work. Our cookies, if these are enabled, may provide you with a more convenient browsing experience.
Personal Data that we may collect from Investors in Funds Advised by SOMOS.Specifically for current and prospective investors in any pooled investment vehicle (a "Fund", and collectively, the "Funds") advised by SOMOS, we may collect the following Personal Data:Social Security Number;Investment experience;Transaction history;Income; andWire transfer instructions.
This information is unlikely to be collected over the Website.
We generally collect this information from our current and prospective investors through other sources, including over email; when they enter into an investment advisory contract with us; when they buy interests in a Fund from us; when they tell us where to send money; or when they make a wire transfer. We may also collect this information from current and prospective investors through other sources, such as from our affiliates or other non-affiliated companies.
3. Our Use of Personal Data.
The following paragraphs describe the purposes for which SOMOS processes the Personal Data referred to above:
SOMOS may use Personal Data to communicate with users about their accounts with SOMOS.SOMOS may contact users to fulfill their orders, to provide them with products or services, or for billing and invoicing purposes.
SOMOS may use Personal Data to respond to user inquiries.SOMOS may use Personal Data to contact users about employment opportunities; to process their application for employment; or to process prospective investors’ applications for the fact-sheets of Funds advised by SOMOS.
SOMOS may use Personal Data to administer and protect our business and this Website.SOMOS may use Personal Data for fraud prevention; to enforce our rights; to comply with applicable laws and regulations; and/or to protect SOMOS, our clients, our Website, and/or a third-party platform.
SOMOS may use Personal Data to improve our Website and the information that SOMOS provides.SOMOS may use Personal Data to improve and/or customize the user experience on our Website; to improve our recruiting efforts; and/or for other internal business purposes.
4. Our Personal Data Disclosure Practices.
We may share Personal Data with third-parties, including as described in the following paragraphs:
SOMOS may share personal information with third-parties that perform services for SOMOS.SOMOS may employ other companies and individuals to perform functions on our behalf. These may include analyzing data and providing certain services for our Website. SOMOS may also share Personal Data with vendors such as IT and background check service providers, partners, and consultants. SOMOS may share Personal Data with third-parties in order to provide you with products or services requested by you or to answer your inquiries. Personal Data shall not be shared with any unaffiliated third-party for their marketing purposes unless SOMOS has obtained the prior consent from a user to do so in accordance with applicable law.
SOMOS may share Personal Data if SOMOS believes that it is necessary to do so in order to comply with the law or to protect SOMOS. SOMOS may share Personal Data in response to subpoenas, court orders, regulatory requests, or legal processes; or to establish, protect, or exercise our legal rights and interests, or defend against legal claims. SOMOS may also share your Personal Data if a government agency or an investigatory body requests it. SOMOS may also share Personal Data if we believe that it is necessary to do so in order to investigate, prevent, or take action regarding inappropriate or illegal activities, fraud, or situations involving potential threats to the safety of any person or property. SOMOS may also share Personal Data if it believes it is necessary to do so in order to investigate, prevent, or take action regarding inappropriate use of this Website.
SOMOS may share Personal Data with any successor to all or part of SOMOS. SOMOS may share Personal Data as part, or in anticipation, of a corporate transaction with a successor or affiliate or in connection with any acquisition, merger, sale of assets, liquidation, divestiture, change of control of SOMOS or part of its business or subsidiaries.
5. How SOMOS Protects Your Personal Data.
Security Measures.To protect Personal Data from unauthorized access to and use of this Website, SOMOS uses security measures that comply with Federal law. These measures include computer safeguards, which may include encryption, "firewalls" and Secure Socket Layers (SSL); and secured files and buildings. While SOMOS strives to protect Personal Data, we cannot guarantee its security. SOMOS cannot guarantee that your use of this Website will be completely safe. We encourage users to exercise caution when transmitting Personal Data over the Internet.
The Personal Data that you provide will be stored and maintained by SOMOS until you instruct us otherwise, or, in SOMOS’s sole discretion, for the longer of: [i] for so long as is necessary or appropriate to carry out the purpose(s) for which such information was collected and [ii] for so long as we are required to maintain such information by law or other applicable rules or regulations.
6. User Rights.
Please note that any Personal Data collected by SOMOS may remain in back-up storage for some period of time after you have requested its deletion or modification. Moreover, if you delete certain Personal Data, you may not be able to use certain portions of this Website in the future without resubmitting such information. SOMOS will maintain Personal Data whenever we are required to do so by law or regulation.
Please note that, if you wish to exercise your rights, SOMOS will need to verify your identity. In order to do so, SOMOS will request that you match specific pieces of information that you have provided to us in previous correspondence and/or interactions. In some instances, we may also request that you provide a signed declaration under penalty of perjury that you are the individual whose Personal Data is the subject of the request. If it becomes necessary to collect additional information from you, including Personal Data, SOMOS will only use such information for verification purposes and will delete it as soon as reasonably practicable after complying with the request. For requests related to particularly sensitive Personal Data, we may require that you provide additional proof of identity. If you make a request through an authorized agent, we will require written confirmation that such agent is indeed authorized to act on your behalf. SOMOS will process your request within the timeframe provided by applicable law.
8. Information About EU/UK Processing.The following disclosures apply specifically to EU/UK processing.
Our Use of Personal Data.The list below describes the purposes for which we process the Personal Data referred to above and any information you give us, as well as the legal basis for the use of Personal Data that is subject to the EU/UK Processing.
Where SOMOS requires Personal Data in order to comply with our legal or contractual obligations, the provision of such Personal Data is mandatory. If it is not provided, then SOMOS may not be able to provide you with the use of this Website. In all other cases, the provision of Personal Data is optional.
SOMOS will not use Personal Data to formulate a decision based solely on automated processing (including profiling) that produces legal effects or similarly significantly impacts a user.
Legal Basis: Where necessary to fulfill a contract or purchase, or to take steps linked to a contract or purchase.
• Communicating with you in relation to the products and services that we provide (including this Website).
• Verifying your identity.
Legal Basis: Where necessary to comply with a legal obligation.
• In response to requests from government law enforcement authorities conducting an investigation.
Legal Basis: Where necessary for SOMOS’s or another party’s legitimate interests and where those interests are not overridden by your data protection rights.
• Providing products or services to our clients and other individuals.Monitoring the use of this Website and using Personal Data to improve and protect this Website.
• Investigating any complaints received from you or others about this Website.In connection with legal action and for compliance, regulatory, and investigatory purposes.
Legal Basis: Where you provide us with your consent.
• Sending you direct marketing by email in relation to our products and services (including this Website).
• On other occasions where we ask for your consent, we will use your Personal Data for the purpose(s) that we explain at such time.
Our Personal Data Disclosure Practices.Your Personal Data may be transferred to, accessed from, and processed in jurisdictions outside the EU and the UK by SOMOS or by the trusted third-parties with which we share your Personal Data; SOMOS and these third-party entities are located in the United States of America.
If and when we transfer your Personal Data among related entities, or to a third-party, we will do so in accordance with the GDPR and/or the DPA, including through the use of standard contractual clauses approved by the European Commission; a third-party’s binding corporate rules; or where we are entitled to rely on one or more of the other safeguards permitted by the GDPR and/or the DPA.
Specific User Rights Regarding EU/UK Processing.Users may be entitled to ask SOMOS for a copy of their Personal Data; to correct, delete, or restrict processing of such Personal Data; and to obtain the Personal Data that you have provided to SOMOS in a structured, machine-readable format, and ask us to share this Personal Data to other organizations. Users may also have the right to object to processing under certain circumstances, and may ask SOMOS not to send them direct marketing or to carry out profiling at any time.
You have the right to lodge a complaint against SOMOS’s processing of your Personal Data with a data protection officer in the place that you live, work, or where the breach occurred. Where SOMOS has asked for your consent regarding your Personal Data, you are entitled to withdraw your consent at any time. Please note that if you ask to withdraw your consent to SOMOS processing your Personal Data, this will not affect any processing that has already taken place.
These rights may be limited, for example, if fulfilling your request would reveal Personal Data about a person other than you; where they would infringe the rights of a third-party (including SOMOS’s rights); or if you ask us to delete Personal Data that we are required to keep by law or if we have compelling legitimate interests in conserving it. SOMOS will inform you of relevant exemptions we rely upon when responding to any request you make regarding your Personal Data.
Retaining User Personal Data.Where SOMOS processes your Personal Data in connection with the use of this Website, SOMOS may keep such Personal Data to comply with our legal obligations or to communicate with you because you still have another connection with SOMOS. Where SOMOS processes your Personal Data for marketing purposes or with your consent, we will process such data until you ask us to stop and for a short period beyond that (to allow us to implement your requests).
SOMOS also keeps a record of the fact that you have asked us not to send you direct marketing or to not process your Personal Data so that we are able to respect your request thereafter. SOMOS maintains administrative and financial records and uses multiple methods to back-up our data and system to ensure reliable data recovery in the event of a significant business interruption.
9. Information About CCPA Processing.
The following disclosures apply specifically to CCPA processing.
Our Personal Data Disclosure Practices.We may share the following types of Personal Data with our service providers for the performance of business services on behalf of SOMOS: [i] identifiers, including your name, user name, and password; and contact information, such as your personal or work postal address, email address, and phone number; [ii] commercial information, such as your marketing preferences and any consents that you have provided to SOMOS; [iii] Internet or other electronic network activity information, including information related to the browser and/or device that you are using to access this Website, your IP address, and cookie preferences; and [iv] audio, electronic, and visual information, including your communications with us and the Personal Data that you provide to SOMOS via email or in conversations with our employees or other personnel.
SOMOS does not sell your Personal Data. SOMOS has not sold your Personal Data in the last 12 months. SOMOS does not sell the Personal Data of minors.
Specific User Rights Regarding CCPA Processing.If you are a resident of California, you may be entitled to request access to the Personal Data that SOMOS collects about you; to request that SOMOS delete your Personal Data; and to opt out of the sale of your Personal Data. Under California civil law, residents of California are also entitled to request information relating to whether a business has disclosed Personal Data to any third-parties for the third-parties’ direct marketing purposes.
If you are making a request for access, we may not be able to provide specific pieces of Personal Data if such disclosure would create a substantial, articulable, and unreasonable risk to the security of your Personal Data, of your account with us, or of our systems or networks. If you are making a request for erasure, SOMOS will ask that you confirm that you would like us to delete your Personal Data again before proceeding with your request.
The CCPA prohibits SOMOS from discriminating against you for the exercise of privacy rights conferred by the CCPA.
To represent a verifiable consumer request, you must be able to describe your request with sufficient detail to allow us to reasonably verify that you are the resident of California about whom we collected Personal Data or an authorized representative of such person. The information that you will need to provide must include: [i] confirmation of California residency, [ii] full name, [iii] physical address, [iv] email address, and [v] other information that authenticates you (if a customer) or verifies you (if non-customer or authorized representative). SOMOS cannot respond to your request or provide you with Personal Data if we cannot verify your identity or confirm that the Personal Data relates to you. Submitting a verifiable consumer request does not require you to create an account with SOMOS.
SOMOS will not charge you to verify your identity. SOMOS will not charge you or your authorized representative a fee to process or respond to your verifiable consumer request—unless it is excessive, repetitive, or manifestly unfounded. If SOMOS determines that the request warrants a fee, we will explain why we made that decision and provide you with a cost estimate before completing your request.
Upon receipt of your verifiable consumer request, SOMOS will confirm such receipt within 10 business days and provide you with additional information regarding how we shall proceed with the request. SOMOS intends to respond to your request within 45 calendar days of receipt, beginning on the day that we receive your verifiable consumer request. In the event that more time (with a maximum duration of 90 calendar days) is required to respond to your request, SOMOS will provide you with notice and an explanation of the reasons for the delay. Any disclosures that SOMOS provides will cover the twelve month period preceding the receipt of the verifiable consumer request. If SOMOS is unable to comply with a given request, SOMOS will provide you with a response explaining why we have not taken action on your request, and identify the rights you may have to appeal the decision.
3 Germay Drive, Unit 4 # 1128 Wilmington, DE 19804 United States of America