Crescent Capital Group LP Privacy Notice


INTRODUCTION

Respect for Your Privacy

The privacy of your personal information is important to us at Crescent Capital Group LP (“Crescent”). We have policies protecting the confidentiality and security of information we collect about you and we are committed to protecting the privacy of that information. Furthermore, the privacy of your personal information may be protected by various government laws or regulations.

At the same time, in order to provide you with services you have requested, it is necessary for us to possess some personal information of yours. Similarly, without some of that information, we cannot inform you about the services we have available or that you may request.

This privacy statement explains our personal information policies and practices. It includes, but is not limited to, explanations of the types of personal information we may collect about you, the purposes for collecting such information, the circumstances under which we may disclose such information to third parties, the measures we take to secure the confidentiality of such information, your rights regarding your personal information, and the way to contact us to exercise those rights.

We provide this notice to you to comply with the requirements of Regulation S-P, “Privacy of Consumer Financial Information,” issued by the United States Securities and Exchange Commission and the Federal Trade Commission (“FTC”) privacy regulations.

California residents also have rights under the California Consumer Privacy Act (“CCPA”) and this privacy notice provides the details you need to understand your rights under the CCPA, and to exercise those rights. It provides you with the contact information you need to take action regarding the privacy of your data.

To investors in a Crescent Fund who have rights under the Data Protection Act (as amended) of the Cayman Islands, we provide in this notice relevant information regarding our collection, processing, retention and safeguarding of your personal data under that privacy regime.

Additionally, for persons who have rights pursuant to the General Data Protection Regulation ((EU) 2016/679) (GDPR) and the UK version of the GDPR which is part of UK law by virtue of the European Union (Withdrawal) Act 2018 and as supplemented by the UK Data Protection Act 2018 (UK GDPR), we are including a Data Protection Notice to inform you of your rights and our responsibilities under GDPR and UK GDPR with respect to your investment in the Fund.

CRESCENT NEVER SELLS THE PERSONAL DATA IT COLLECTS.

Contacting Us

You may contact us with respect to our privacy and data protection policies and to exercise any of your rights set forth in this privacy notice by calling this toll-free number (833-358-0002), by visiting our website (www.crescentcap.com), by emailing us (privacyofficer@crescentcap.com) or by writing to the General Partner at its registered address as set out in your limited partnership agreement.

DATA PRIVACY INFORMATION

Defining Personally Identifiable Information

“Personally Identifiable Information” (“PII”) refers to data that could be used, alone or in combination with other data, to identify you as an individual. It can include name, physical address, email address, IP address, date of birth, social security number, passwords or other financial or payment information, and more.  In this notice we use PII to refer to private personal data, regardless of which privacy law may apply.

Types of Collected PII

Crescent collects some of your personally identifiable information. This section describes the categories of PII that are collected, as well as the categories of sources for obtaining that PII, and the purpose for collecting it.

PII Categories
The PII we collect from you consists of the following categories:

  • Investor Data
    • Your name, address and identifying numbers and other personal and financial information, from you and from identification cards and papers you submit to us, on applications, subscription agreements or other forms or communications, including but not limited to: first name, last name, mailing address, date of birth, residential history, signature, financial history, personal and/or business email address, telephone, mailing address, social security number or other government issued identification, driver’s license, passport, and photograph.
  • Custodian and Broker/Dealer Data
    • Information about your account balances and financial transactions with us, our affiliated entities, or nonaffiliated third parties. 

Sources for PII
We obtain PII both directly from you and indirectly through third parties such as your consultants, representatives or agents as well as non-affiliated sources such as credit reporting agencies.

Purpose and Legal Bases for Collecting Your PII

We collect and process your PII for a variety of business purposes and legal bases including:

  • Legal Basis: Collection and processing is necessary for the performance of your contract:
    • Creating, managing and administrating your account
    • Conducting anti-money laundering and know-your-client compliance
    • Contacting you or your designated representative by phone, email, fax, or mail
    • Report tax information to the relevant tax authorities
    • Facilitating financial transactions related to your account
    • Fulfilling our legal and regulatory obligations
    • Updating and maintaining business records
  • Legal Basis: Collection and processing is necessary for Crescent’s legitimate business interests:
    • Carry out statistical analysis and market research

Our Website and Your PII

Visiting and navigating our website will likely involve some form of usage of your PII. This section details the methods and permissions involved.

Use of Cookies
Crescent does not use on our website automated collection tools – such as cookies or web beacons – that capture information sent from your web browser to our website. 

Consent to Use Your PII
By completing any online form on our website, you consent to our storing and using your PII for the reasons provided in this notice. You also consent to our using it to reply to your request as well as to contact you in the future, whether or not at your request, to provide you with additional information.

Without some of this information we cannot provide you with the services you may request. 

Sharing Your PII

Your PII may be combined with information we receive from other sources, or it may be provided to other organizations we work with. This section details that sharing of your PII.

Receiving PII from Third Parties
We may receive information about you from other sources and combine that information with the PII we collect directly from you. For example, we may receive payment information from the organization you use to pay us in order to correct our records. Additionally, to promote protection of your identity, we also may collect identity information which we use to help prevent and detect fraud. 

Sharing PII with Third Parties
We do not sell your PII to any third parties.

We may share your PII with our affiliates, business partners, and other third parties including financial advisors, regulatory bodies, back office account providers, custodians, auditors, and technology providers. We may do so for the purposes of operating our business, including to execute, process, service and confirm your securities transactions, to administer and service your account and commingled investment vehicles in which you are invested, and delivering and improving the financial services we provide to you, as well as for other legitimate purposes permitted by applicable law.

We also share personal information for a variety of additional purposes including, but not limited to:

  • Within Crescent and our affiliates and subsidiaries for data processing or storage purpose
  • With business partners and suppliers to provide services and help facilitate transactions (including opening accounts, conducting securities transactions, processing orders, event registrations, data storage, marketing communications and customer support)
  • In response to a request from law enforcement, government authorities, or other third parties as necessary to comply with legal process or to meet national security requirements

PII From Minors

We do not offer financial services and products to minors and do not intend to collect personal information from children under the age of 13 years. We follow all local legal requirements with respect to the collection and processing of a minor’s personal information.

FOR CALIFORNIA RESIDENTS ONLY

Your PII Rights

The CCPA provides residents of California with certain rights in regard to what we do with your personally identifiable information. This section details those rights, how to exercise them, and what Crescent will do in response.

Disclosure
You have the right to request that we disclose to you, free of charge, the categories and specifics of the PII we collect about you. We require a verifiable request from you to ensure that it is, in fact, you who is requesting such a PII disclosure. Once we verify the request, we will provide that information to you.

Your request for disclosure can apply to any such PII mentioned in the previous paragraph for as much as twelve months preceding your request. Be advised that we are not required to disclose such information about the PII we collect about you more than twice in a twelve-month period.

Following our verification of your request, we will disclose to you, unless otherwise restricted by law or regulation, the following PII we collect about you:

  • The categories of personal information we have collected about you
  • The categories of sources from which the personal information is collected
  • The business or commercial purpose for collecting or selling that personal information
  • The categories of third parties with whom we share personal information
  • The specific pieces of personal information we have collected about you

Deletion of PII
You have the right to request that we delete the PII we have collected from you. Following our verification of your request, we will comply with your request and delete any or all of your PII in our possession that we collected from you and/or any or all such PII in the possession of our service providers, unless otherwise restricted by law or regulation.

Non-Discrimination for Exercising Your PII Rights
We follow the requirements of California Civil Code §1798.125, and will not discriminate against any consumer who exercises the rights set forth in this privacy notice.

Contacting Us to Exercise Your PII Rights

You may contact us in order to exercise any of your rights set forth in this privacy notice by the methods set forth at the bottom of page 1 of this notice. 

FOR INVESTORS IN CAYMAN ISLAND ENTITIES

Purpose of this notice

This privacy notice provides information regarding our collection, processing, retention and safeguarding of personal data, also referred to herein as personal identifying information or PII, that constitutes “personal data” under the Data Protection Law, 2017 of the Cayman Islands (the “DPL”) as described in detail above.

If you are a natural person, this will affect you directly. If you are a corporate investor (including, for these purposes, a legal arrangement such as a limited partnership or trust) that provides personal data on natural persons connected to you for any reason in relation to your investment in a Crescent Fund, this will be relevant for those persons and you should transmit this privacy notice to them.  

Transfer of your Personal Data outside the Cayman Islands
Your PII may be transferred to jurisdictions that do not have data protection laws equivalent to the DPL. This may be necessary for one of a number of reasons, including for the performance of our rights and obligations under the Fund's constitutional documents or under an agreement with a third party that is in your interests or in connection with international cooperation arrangements between governmental, regulatory, tax and law enforcement authorities.  

Your rights

Under the DPL, you have certain data protection rights, including the right to request access to your Personal Data, the right to restrict the use of your Personal Data, the right to have incomplete or inaccurate Personal Data corrected, the right to ask us to stop processing your Personal Data, the right to require us to delete your Personal Data in certain circumstances and the right to complain to the Cayman Islands Ombudsman, who may be contacted by email (info@ombudsman.ky), telephone (+1 345 946 6283) or post (PO Box 2252, Grand Cayman KY1-1107, Cayman Islands).

Automated decision-making

We will not take decisions producing legal effects concerning you, or otherwise significantly affecting you, based solely on automated processing of your Personal Data, unless we have considered the proposed processing in a particular case and concluded in writing that it meets the requirements of the DPL (and other applicable laws).

Questions or concerns

If you have any questions or concerns about the contents of this privacy notice or our processing of your PII, contact us as described on page 1 of this notice.

FOR INVESTORS IN EEA ENTITIES OR EEA and UK NATURAL PERSONS ONLY

GDPR and UK GDPR DATA PROTECTION NOTICE

If you are investing in an EEA Crescent Fund, and are a natural person, this will affect you directly. If you are a corporate investor (including, for these purposes, a legal arrangement such as a limited partnership or trust) that provides personal data on natural persons connected to you for any reason in relation to your investment in an EEA Crescent Fund, this will be relevant for those persons and you should transmit this notice to them.

If you are investing in a non-EEA Crescent Fund (for example, a Cayman Islands Crescent Fund), this notice will be relevant to natural person investors only. 

Nature, Purpose & Legal Basis for Processing

The categories of PII about you which we may collect, store and use are as set out in this notice, above. We will use your personal data for the purposes set out above in the “Purpose and Legal Bases for Collecting Your PII” section. The law specifies certain ‘lawful bases’ under which we are allowed to use your personal data. Most commonly, we will rely on one or more of the following lawful bases for processing your personal data: 

  • Where we need to perform the contract entered into with you;
  • Where we need to comply with a legal obligation; and/or
  • Where our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

The lawful basis upon which we rely for each purpose is also set out above in the “Purpose and Legal Bases for Collecting Your PII” section.

Generally, we do not rely on your consent as a lawful basis for processing your personal data; however, other parties with whom we may share your PII may have separate relationships with you which involve consent. If you do provide your consent to any specific processing, you have the right to withdraw that consent at any time.

Please note: you have the right to object to the processing of your personal data where that processing is carried out for legitimate interests. 

Where you do not provide your Personal Data

If you do not provide us with certain personal data when requested, we may not be able to perform all or part of the contract entered into with you.

Recipients of Investor Personal Data

As disclosed above, your PII will be disclosed to, and processed by, us and those third parties with whom we share such personal data for the purposes of carrying out the services of your contract, to comply with legal obligations including under trusts law and anti-money laundering legislation or foreign regulatory requirements, and for the legitimate business purposes disclosed.

We or other recipients of your PII personal data take reasonable steps, as required by the GDPR or UK GDPR, to ensure the safety, privacy and integrity of your personal data and where appropriate, enter into contracts with such third parties to protect the privacy and integrity of such data and any information supplied.

You may have a relationship unrelated to us but which involves entities that may be associated with us or our performance of your contract.  In such circumstances, the obligations of the GDPR and/or UK GDPR in relation to that relationship apply to that separate entity and we are not responsible for such entity’s use of personal data obtained outside of the services such entity performs on our behalf.

Transfers of Personal Data outside the EEA and UK
We may transfer your personal data to countries outside of the EEA and UK (including the U.S.) which may not have the same data protection laws.  We will take all steps reasonably necessary to ensure that your PII is treated securely, and that appropriate safeguards are in place to protect the privacy and integrity of such personal data, in accordance with the GDPR and UK GDPR.  Please contact us if you wish to obtain information concerning such safeguards.  

Security, Storage and Retention of Personal Data
We will retain your PII only for so long as is necessary to carry out the purposes set out above and to comply with any legal obligations.

In certain circumstances, personal data may be retained for longer than is specifically required under the GDPR.

Once we no longer require your personal data for the purposes we collected it for, we will securely destroy your personal data in accordance with applicable laws and regulations.

Your rights

You have a right to obtain a copy of, and the right to rectify any inaccuracies in, the PII we hold about you by making a request in writing. You also have the right to request erasure, restriction, portability or object to the processing of your personal data or not to be subject to a decision based on automated processing, including profiling.  You have a right to object to the processing of personal data and to request the transfer of personal data to another party. You should inform us of any changes to your personal data.  Any requests made under this section can be made using the details set out in the Contact section below.  After verifying the authenticity of your request, we will respond in writing, or orally if requested, as soon as practicable and in any event not more than one month after receipt of your request.

You have the right to lodge a complaint with the data protection supervisory authority in your jurisdiction if you are unhappy with how your personal data is being handled.

Contact

If you have any queries regarding this data protection notice, please contact us as indicated on page 1 of this notice.