Privacy Policy

By entering our website (“Site”), you acknowledge your agreement with and understanding of the following Privacy Policy (“Policy”) pertaining to the Site and all material on it. Avantyr may update this Policy at any time without notice, other than the posting of an updated Policy on our Site. Please read this Policy carefully; if you do not agree to the terms of the Policy, please do not use our Site.

This Policy describes the type of data we collect from users of our Site and how that data may be used or shared. Please note that this Policy does not cover the information that we may collect from current or prospective investors in funds managed by Avantyr; these policies will be separately distributed to fund investors.

The Information We Collect

Avantyr collects and records information as you use our Site, including your web request, IP address, browser type, domain name and settings, the pages you visit immediately before and after the Site, the specific pages viewed and links clicked on the Site, the amount of time spent on each page and information about the device you use to access the Site, such as mobile carrier or a mobile device identifier.

In addition, visitors may voluntarily submit personal information to the website if they request additional information, including by clicking the “email” icon. This information may include your name, email address, phone number and any other information that you chose to share with Avantyr. If you wish for this information to remain private, please do not send it to Avantyr. Please do not email Avantyr sensitive personal information, such as your social security number or birth date, in connection with your use of this Site.

Cookie Notice

Avantyr or its third-party service providers collect data about your use of the Site through Internet server logs or online tracking technologies, such as cookies. A cookie is a small text file that is placed on your computer when you visit a website that enables us to: (a) recognize your computer; (b) understand the web pages of the Site you have visited; (c) recognize repeat users; (d) facilitate the ongoing access to and use of a website; (e) allow the Sites to track usage behavior and compile aggregate data that will allow content improvements and targeted advertising; (f) enhance your user experience by delivering content and advertisements specific to your inferred interests; (g) performvi searches and analytics; and (h) assist with security administrative functions.

You can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help“ section of your browser for more information. Please note that by blocking any or all cookies, you may not have access to certain features on the Site. Without refusing cookies through your browser, you can also opt out of Google Analytics by installing a Google Analytics Opt-out Browser Add-on for each web browser you use.

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. At this time, the Site does not recognize or respond to DNT signals.

How We Use and Disclose the Information Collected

Avantyr may use the information collected from our website for business and commercial purposes, including the following:

• To respond to your inquiry or request;
• To maintain or enhance the Site;
• To send you information or other communications;
• To prevent or address potential technical or security issues;
• To engage in internal analytics;
• To enforce the legal terms that govern your use of the Sites;
• To comply with the law and protect the safety, rights, property, or security of the Site or the general public; and
• Other purposes for which we notify you.

How We May Disclose Your Data

We may disclose and/or share your information as described below and elsewhere in this Policy, including with:

• Third Parties Designated by You. If you direct us to share information with a third-party partner or other entity or as necessary to provide you with a service you request, then we may share your personal information.
• Affiliates and Subsidiaries.
• Business Partners.
• Service Providers. We may provide access to or share your information with select entities that use the information only to perform services on our behalf, including services related to the operation and management of the Site.
• Business Transactions. We may disclose your personal information in connection with the evaluation of or entering into a corporate transaction where all or a portion of our business or assets (including any associated lists containing your personal information) change ownership, are sold, or are transferred.
• Third Parties for Legal Purposes. We may disclose your personal information in connection with any legal investigation; (ii) to comply with relevant laws or to respond to subpoenas or warrants served; (iii) to protect or defend the rights or property of Avantyr or users of the Site,; and/or (iv) to investigate or assist in preventing any violation or potential violation of the law, this Policy, or any associated Terms of Use.

How We Retain Data

The information Avantyr does or will collect will be retained until we determine it is no longer necessary to satisfy the purposes for which it was collected and our legal obligations. As described above, these purposes include our business operations and complying with reporting, legal and accounting obligations. In determining how long to retain information, we consider the amount, nature and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the personal information, the purposes for which we process the personal information and whether we can achieve those purposes in other ways, the applicable legal requirements, and our legitimate interests. The purposes we process information (as well as the other factors listed above) may dictate different retention periods for the same types of information.

Information for California Residents

If you are a California resident, California law requires us to provide you with some additional information regarding how Avantyr collects, uses, and discloses your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)). Please note the CCPA’s scope excludes personal information covered by certain financial services-specific privacy laws, including the Gramm-Leach-Bliley Act (“GLBA”) and the California Financial Information Privacy Act (“FIPA”). Our separate Privacy Notice that is provided to investors applies to this excluded data and is provided to investors in Avantyr-managed funds separately.

Depending on how you interact with our Site, we may collect the following categories of information from you, in addition to the information we collect in connection with providing investment management services:

• Identifiers (such as your name and contact information, IP address, and mobile device identifiers);
  • We disclose identifiers to service providers, including Google Analytics as well as legal or governmental authorities when required by applicable law, or other parties in connection with a sale, acquisition, merger, or similar transaction related to our business.
  • Our business and commercial purposes for collecting and disclosing this information are to operate our website, to communicate with you, and for legal and everyday business purposes.
• Internet usage information (such as browsing history and use and interaction with our website).
  • We disclose internet usage information to service providers, including Google Analytics, as well as legal or governmental authorities when required by applicable law, or other parties in connection with a sale, acquisition, merger, or similar transaction related to our business.
  • Our business and commercial purposes for collecting and disclosing this information are to operate our website, to communicate with you, and for legal and everyday business purposes.

This information is used and disclosed for the various business purposes and to the categories of third parties described above. In the past 12 months, Avantyr not sold or shared for cross-contextual advertising purposes personal information to third parties.

Rights of California Consumers

The CCPA provides a California consumer the following rights, subject to certain exceptions and limitations:

• The right to request: (a) the categories and specific pieces of personal information we collect about you; (b) the categories of sources from which we collect your personal information; (c) our business or commercial purposes for collecting, selling or sharing your personal information; (d) the categories of personal information disclosed for a business purpose and the categories of persons to whom it was disclosed; (e) the categories of your personal information (if any) that we have either sold, shared, or disclosed.
• For certain categories of personal information, the right to request a list of what we disclosed to third parties for their own direct marketing purposes in the past 12 months and the names and addresses of those third parties.
• The right to request that we delete your personal information, subject to certain exceptions.
• The right to opt out of our sale(s) (if any) of your personal information.
• The right to request we correct any inaccurate personal information maintained about you.
• The right to limit our use of your sensitive personal information to only use that is necessary to perform the services expected or provide the goods reasonably expected.
• The right not to receive discriminatory treatment for exercising your CCPA rights.

You may submit requests relating to your exercise of CCPA rights to us at [email protected].

You may only make a verifiable request for access or data portability twice within a 12-month period. All verifiable requests must provide (1) enough information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative and (2) sufficient detail that allows us to properly evaluate and respond to it.

We endeavor to respond to a verifiable request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.

Shine the Light Disclosure

The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.

Notice for Cayman Islands Fund Investors

If you are an individual (including, for purposes of this section of the Privacy Policy only, an individual associated with an investor in an Avantyr-managed fund) and the fund in which you are invested is organized in the Cayman Islands (including any master fund in which you are indirectly invested), such fund and Avantyr are considered to be data controllers in respect of any personal information we hold about you for the purposes of the Cayman Islands Data Protection Law 2017 (the “DPL”). This means that the fund and Avantyr (alone or jointly, as applicable) determines the purposes and the means of the processing of your personal information. We may disclose your personal information with the fund’s services providers or others who are located outside the Cayman Islands. It may also be necessary to disclose your information with the Cayman Islands Monetary Authority or the Tax Information Authority, which may, in turn, exchange this information with foreign tax authorities, regulatory or law enforcement agencies. Any transfer of your personal data by us or our service providers outside the Cayman Islands will be carried out in accordance with the DPL. You may have certain rights under DPL, including: (i) the right to be informed; (ii) the right of access; (iii) the right to rectification; (iv) the right to stop or restrict processing; (v) the right to stop direct marketing; (vi) rights in relation to automated decision making; (vii) the right to seek compensation; and (viii) the right to complain to the supervisory authority. A complaint in respect of an Avantyr-managed fund organized in the Cayman Islands may be lodged with the Office of the Ombudsman in the Cayman Islands.

Notice for EEA/UK Residents

If you are an individual (including, for purposes of this section of the Privacy Policy only, an individual associated with an investor) resident in the European Economic Area (EEA) or the UK, your personal information will be processed as described herein by us and other parties in countries outside the EEA, including the United States, India and Bermuda, which may not offer the same level of protection of personal information as the EU General Data Protection Regulation 2016/679 (“GDPR”). Please be advised that certain aspects of the GDPR may not be consistent with the laws and regulations applicable to us.

Laws in the EEA and UK also require us to tell you about the legal grounds we rely on to process your information. Our legal bases for processing your information as described in this Privacy Policy are as follows:

• Where use of your information is necessary to perform our obligations under a contract or commitment to you. For example, to provide the services you’ve requested from us, or to comply with our website terms of service.
• Where use of your information furthers our legitimate interests or the legitimate interests of others. For example, to operate our website and business, defend our legal rights, and prevent fraud.
• Where we use your information to comply with applicable legal obligations. For example, for auditing purposes.
• Where you have consented to our processing of your information for a particular purpose.

You may also have the right to make certain requests about your personal data, such as requesting:

• Access to, or a copy of, your information
• Confirmation that we are processing your information
• Correction or amendment of your information
• Transfer of your information to a third party
• Restriction or objection to certain uses of your information

You can exercise these rights by contacting us at [email protected].