LAST UPDATE OF THIS POLICY – March 1st, 2023
At FISH LLC (“FISH”) maintaining our customers’ trust and confidence is of paramount importance. We are committed to safeguarding your personal information and providing you with facts and options about how this information may be shared. Please read this notice to learn more about our privacy policies and the options available to you.
Information That We Collect. As part of providing you with our services, we obtain nonpublic personal information about you, which may include the following:
Information we receive from you on applications or other forms including name, address, social security number, assets and income. Information about your transactions with us or others.
Information That We Share & Why It Is Important. We use or share information in a limited and carefully controlled manner. We do not disclose any nonpublic information about our customers or former customers to anyone, except as permitted by law, unless authorized by you. Instances in which we may share your information with nonaffiliated third parties include:
Inclusion of certain names (institutional clients only) on a Representative Client List. The Representative Client List is contained in our standard marketing material and examples of those who may receive the list include: existing clients, prospective clients, consultants for prospective clients and prospective hedge fund managers. The majority of FISH’s assets under management are institutional assets. As a result, institutional assets in general are perceived as stable capital sources and hedge fund managers tend to be biased towards favoring these assets. As we meet with prospective hedge fund managers, we believe our Representative Client List gives FISH an advantage when trying to gain access to funds that accept capital on a limited basis.
(NOTE: The Representative Client List includes language stating that the names on the list are not to be construed as an endorsement or recommendation of BMIG’s services.)
Disclosure to companies that provide services necessary to effect a transaction that you request or to service your account such as prime brokers, accountants, banks, attorneys or administrators. Disclosure to government agencies, courts, parties to lawsuits, or regulators in response to subpoenas. In such cases, we share only the information that we are required or authorized to share.
Collection of Information
In general, you can browse the non-password-protected sections of the Website without telling us who you are or revealing any personal information about yourself. We automatically track certain information that your browser makes available whenever you visit a website. This information includes your Internet Protocol address, browser type, browser language and one or more files that may uniquely identify your browser. We may use this information to do internal research on our users’ demographics, interests and behavior to better understand, protect and serve you and our clients. This information may include the URL from which you just came (whether this URL is on the Website or not), to which URL you next go (whether this URL is on the Website or not), your computer browser information and your IP address. We use this information to operate, develop and improve our services.
If you apply for a password to access password-restricted areas on this Website, you must provide to us your name, mailing address, email address, phone number, personal financial data, investment portfolio and other investment information.
Use and Disclosure of Information
The security of your account information is important to us. Only those persons who need your information to perform their job have access to it. In addition, we maintain physical, electronic and procedural security measures that comply with federal regulations to protect your information. Our employees have limited access to your personal information based upon their responsibilities. All employees are instructed to protect the confidentiality of your personal information as described in these policies, which are strictly enforced.
You agree that we may use personal information about you to analyze Website usage, improve our content and product offerings and customize the Website’s content, layout, and services. These uses improve the Website and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Website.
We may also share information about you if we believe that disclosure is required under law. For example, we may need to disclose information in response to a subpoena or to cooperate with regulatory or law enforcement authorities.
If you prefer that we not disclose nonpublic personal information about you to nonaffiliated third parties (through our Representative Client List), you may “opt out” of those disclosures. This means that you may direct us not to include your name on our Representative Client List (other than disclosures permitted by law).
Control of Your Password and Personal Information
You are responsible for all actions taken with your user name and password. Therefore, we recommend that you do not disclose your password to anyone. You may not allow others to use your user name or password to access or use any part of this Website. If your password has been compromised for any reason, you should contact us immediately for a new password.
You can review and change the information that you submit to us by contacting us at email@example.com You can change your User ID, email address, contact information, financial information, other personal information and user preferences. You must promptly update your personal information if it changes or is inaccurate.
On your request, we will deactivate your password and remove your contact information and financial information from our active databases. Your password will be deactivated promptly based on your account activity and in accordance with our deactivation policy.
Your information is stored on our servers located in the United States. We use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy, which may include encryption, “firewalls” and Secure Socket Layers. We treat data as an asset that must be protected against loss and unauthorized access. We employ security techniques to protect such data from unauthorized access by users inside and outside the company. However, “perfect security” does not exist on the Internet.
Persons under age 18 are not eligible to use the Website.
Conditions Of Use
Changes to this policy
California Consumer Protection Act
Click here to learn about our practices regarding the collection, use and disclosure of personal information about California residents who are covered by the California Consumer Privacy Act, and how covered individuals can exercise their rights.
Cayman Islands Privacy Notice
FISH LLC and its subsidiaries (referred to collectively as FISH or “we” or “our”) are committed to respecting the privacy of all individuals.
This Privacy Notice (“Notice”), our website notice, your subscription agreement, and any other agreements between you and us, set out the basis by which FISH processes personal data with respect to the private investment funds we manage domiciled in Nevada and the Cayman Islands. Please read the following carefully to understand our views and practices regarding how we handle personal data.
If you are an individual investor, this will affect you directly. If you are an institutional investor that provides us with personal data on individuals connected to you for any reason in relation to your investment with us, this will be relevant for those individuals and you should transmit this document to such individuals or otherwise advise them of its content.
For purposes of applicable data protection law (in particular, the Cayman Islands Data Protection Act, 2017 (Law 33 of 2017)), the relevant Cayman Islands private investment fund into which you are subscribed and as managed by FISH LLC is the “data controller” of your personal data.
Personal Data We collect
We collect and process the following personal data:
Information you give us:
If you are inquiring about or investing in our products (including, where you invest in FISH LLC managed funds or separately managed accounts), then we process your personal data – including your name, address, e-mail address and phone number, financial information, personal description, photograph, ID documentation (including your passport or ID card), information about your dependents or beneficiaries, as well as information about your investments in FISH funds.
You may provide us information about you when you correspond with us by phone, e-mail or other electronic means, or in writing. This includes information you provide when you subscribe to any of our funds, search our website, make inquiries, submit information or content to our site, when you report a problem with our site – including your name, email address, postal address, telephone number and facsimile number.
Information we collect about you: with regard to each of your visits to our website, we automatically collect the following information: technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products, services or issues you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page, and any phone number used to call our customer service number.
Information we receive from other sources:
We are part of a global group of companies which manages funds and provides other financial services.
We also work closely with third parties (for example, banks and other financial institutions, business partners, placement agents, introducers, law firms, accountants, consultants, sub- contractors in technical, payment and delivery services, analytics providers, search information providers) and may receive information about you from them.
Public information about you, including public record searches, bankruptcy filings, pending litigation, judgments and liens, and criminal databases for use in required “Know Your Customer” activities, Anti-Money Laundering activities, sanctions screening, and other legal requirements to which we are subject.
Information about other people:
If you provide information to us about any person other than yourself, such as your relatives, your executors, next of kin, your advisers or your suppliers, you must ensure that they understand how their information will be used, and that they have given their permission for you to disclose it to us and for you to allow us, and our outsourced service providers, to use it.
Purposes and Legal Basis
We will ask you for consent to collect or process your personal data on certain occasions, for example, and as stated below, where necessary in order to contact you with information about products and services that might be of interest to you.
We also process your personal data when we need to do this to fulfill a contract with you, such as to give effect to your investment in a FISH fund or separately managed account (including verifying your identity), or when required by law, such as if we receive a request from law enforcement or other government officials.
We also process your personal data when it is in our legitimate interest to do this and when this interest is not overridden by your data protection rights. In particular:
- we will use your personal data to provide services to you, and to respond to any comments or requests you may send us;
- we monitor use of our website, and use your personal data to help us monitor, improve and protect our services and website, both online and offline;
- we monitor investor accounts to prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable law and regulation; and
- we will use personal data in connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of such information in connection with legal process or litigation).
For example, we have a legitimate interest in the effective administration of the FISH funds and separate accounts we manage and our business, and in ensuring the security and integrity of our website.
We have carried out balancing tests for all the data processing we carry out on the basis of our legitimate interests, which we have described above. You can obtain information on any of our balancing tests by contacting us using the details set out later in this Notice.
Disclosure of Your Personal Data
We may share your personal data with our subsidiaries and/or affiliates:
- to administer and service private investment funds in which you are invested; and
- to the following individuals employed by such subsidiaries and affiliates on a need to know basis, including without limitation, their respective attorneys, compliance professionals, human resources
We will also share your personal data with trusted third parties including:
- Banks and other financial institutions which, for example, act as administrators, trustees, brokers or custodians on behalf of the FISH funds and separate accounts we manage;
- Firms conducting Anti-Money Laundering, “Know Your Customer” and AEOI tax review with respect to BMIG’s onboarding of new investors with respect to its funds and separate accounts we manage;
- Legal, accounting, and other advisers, consultants and professional experts, correspondents, and suppliers and service providers of any of the above, and each of their associated businesses;
- Business partners, suppliers and sub-contractors only for the purposes of performance of any contract we enter into with them or you. We take reasonable steps to ensure that our staff protect your personal data, and are aware of their information security obligations;
- Placement agents and introducers; and
- Analytics and search engine providers that assist us in the improvement and optimization of our site.
We may disclose your personal data to third parties:
- If we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- If FISH LLC, its business, or its assets are acquired by a third party, in which case personal data held by it about its users, suppliers, or customers will be one of the transferred assets;
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions (Legal) and other agreements; or if we reasonably consider this necessary; or to protect the rights, property, or safety of FISH, our users, our customers, or others; and
- For the purposes of crime prevention and fraud protection.
We, or trusted third parties on our behalf, may contact you by email or post with information about products and services that might be of interest to you. Where necessary, at the time that you provide your personal data to us, you will be given the opportunity to indicate whether or not you are happy for us to use your personal data in order to tell you about such products or services.
Where We Store Your Personal Data and How We Protect it
Some of the FISH LLC subsidiaries and/ or affiliates and third parties to whom FISH discloses your personal data (as described above) are located in countries outside the Cayman Islands or the EU that do not provide a level of protection to personal data equivalent to that provided by your home country.
Due to the international nature of our business, your personal data may be transferred to jurisdictions that do not offer equivalent protection of personal data as under the Data Protection Legislation. In such cases, we will process personal data or procure that it be processed in accordance with the requirements of the Data Protection Legislation, which may include having appropriate contractual undertakings in legal agreements with service providers who process personal data on our behalf. While we take reasonable steps to protect your personal data from loss or destruction, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our site; any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorized access.
You have various rights with respect to our use of your personal data:
- Informed: You have the right to be informed about the purposes for which your personal data are processed.
- Access: You have the right to request a copy of the personal data that we hold about you. Please note that there are exceptions to this right, so that access will be denied if, for example, making the information available to you would reveal personal data about another person, or if we are legally prevented from disclosing such information. You are entitled to see the personal data held about you. If you wish to do this, please contact us using the contact details provided below.
- Accuracy: We aim to keep your personal data accurate, current, and complete. We encourage you to contact us using the contact details provided below to let us know if any of your personal data is not accurate or changes, so that we can keep your personal data up-to-date.
- Restricting: You have the right to restrict the processing of your personal data.
- Objecting: In certain circumstances, you also have the right to object to processing of your personal data and to ask us to block, erase and restrict your personal data. If you would like us to stop using your personal data, please contact us using the contact details provided below.
- Complaints: If you believe that your data protection rights may have been breached, you have the right to lodge a complaint to the applicable supervisory authority (such as the Ombudsman in the Cayman Islands) or to seek a remedy through the courts.
- Breaches: You have the right to be informed of a personal data breach (unless the breach is unlikely to be prejudicial to you).
- Deletion: You have the right to require us to delete your personal data in some limited circumstances.
- Marketing: You have the right to stop direct marketing.
Please note that there are exceptions to these rights, if, for example, we are under a legal obligation to continue to process your personal data.
When we ask you to supply us with personal data we will make it clear whether the personal data we are asking for must be supplied so that we can provide the products and services to you, or whether the supply of any personal data we ask for is optional.
How Long We Keep Your Personal Data
We will retain your personal data, whether or not your account is active, for as long as we believe it necessary or desirable to fulfill our business purposes and to comply with applicable law and regulation, audit requirements, regulatory requests or orders from competent courts.
Personal Data collected will be retained pursuant to our record retention policy, and in most instances will not be retained longer than nine (9) years from the date you cease to be an investor in a FISH LLC fund or a separately managed account.
Changes to our Privacy Notice
Any changes we make to our Privacy Notice in the future will be posted on our website and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our Privacy Notice.
Questions, comments and requests regarding this Notice are welcomed and should be addressed to firstname.lastname@example.org.