Privacy Policy

PUTNAM HILL CAPITAL PARTNERS L.P.
NOTIFICATION OF PRIVACY POLICIES AND PRACTICES
(“Privacy Notice”)

Maintaining the confidentiality and security of the personal information of our current and prospective investors is one of our highest priorities. This notice sets forth the type of personal information we collect, how that information is used by us, and how we protect your personal information.

Information We Collect
In connection with forming and operating our private investment funds (the “funds”) for our investors, non-public personal information is collected from the following sources:

  • From You: We collect information from you in conversations over the telephone, in voice mails, through written correspondence, via e-mail and other electronic communications or in subscription agreement, investor agreements, investor questionnaires, applications or other forms (including, without limitation, any anti-money laundering, identification, and verification documentation) that you complete when requesting information or services from us. This information may include, among other things, items such as your name, address, email address, social security number, birth date, annual income, net worth, and marital status.
  • From Transactions: We collect information about your transaction with us or others and keep records of advice or services we provide. We keep records relating to items such as your account balance and payment history, which enables us to resourcefully service your account.
  • From our Web Site, Fund Data room and/or Investor Reporting Portal: If you visit our website, we may use a so-called cookie to track the amount of time you spend on our site, the parts of our site you visited, and other technical information. We use this information to improve the functionality of our web site. Additionally, we collect registration information and information provided through online forms. Your personal information is collected and maintained by us so we may develop, offer, and deliver products and services to you, process transactions in your account, and fulfill our legal and regulatory requirements.

Information We Disclose
We do not disclose any non-public personal information about our investors or former investors to anyone, except as permitted or required by law, or as necessary to affiliates and services provides. We may disclose all of the information we collect, as described above, to certain non-affiliated third parties such as, but not limited to, fund administrators, attorneys, accountants, auditors, compliance and other consultants, banks, lenders, governmental agencies and other persons or entities to enable us to provide requested services to you and to comply with legal and regulatory requirements, as well as pursuant to legal process and to self-regulatory organizations.

Protection of Your Personal Information
Our employees may, from time to time, have access to your personal information in order to provide services to the funds and to you. All employees are subject to the terms of our company’s compliance manual, which requires employees to treat confidentially all information obtained from or about you or your account. We also maintain physical, electronic, and procedural safeguards designed to protect nonpublic personal financial information.

Further Information
We reserve the right to change our privacy policies and this Privacy Notice at any time. Any examples contained within this notice are illustrations only and are not intended to be exclusive. This notice complies with the privacy provisions of Regulation S-P under the Gramm-Leach-Bliley Act and certain privacy provisions of other laws. You may have additional rights under other foreign or domestic laws that apply to you, including as set forth in our additional and/or supplemental privacy notices.

PRIVACY NOTICE SUPPLEMENT FOR CALIFORNIA RESIDENTS

This notice supplements the Privacy Notice set forth above with respect to specific rights granted under the California Consumer Privacy Act of 2018 (the “CCPA”) to natural person California residents and provides information regarding how such California residents can exercise their rights under the CCPA. This supplement is only relevant to you if you are a resident of California as determined in accordance with the CCPA. Information required to be disclosed to California residents under the CCPA regarding the collection of their personal information that is not set forth in this CCPA supplement is otherwise set forth above in the Privacy Notice. To the extent there is any conflict with the privacy requirements under the Gramm-Leach-Bliley Act and/or Regulation S-P (“GLB Rights”), GLB Rights shall apply.

Categories of Personal Information We Collect
We have collected some or all of the following categories of personal information from individuals within the last twelve (12) months:

  • Identifiers, such as name, contact details and address (including physical address, email address and Internet Protocol address), and other identification (including social security number, passport number and drivers’ license or state identification card number);
  • Other customer records, such as telephone number, signature, bank account number, other financial information (including accounts and transactions with other institutions and anti-money laundering information), and verification documentation and information regarding investors’ status under various laws and regulations (including social security number, tax status, income and assets);
  • Protected classification characteristics under California or federal law, such as date of birth, citizenship and birthplace;
  • Commercial information, such as account data and other information contained in any document provided by investors to authorized service providers (whether directly or indirectly), risk tolerance, transaction history, investment experience and investment activity, information regarding a potential and/or actual investment in the applicable fund(s), including ownership percentage, capital investment, income and losses, source of funds used to make the investment in the applicable fund(s); and
  • Internet or other electronic network activity information, such as information regarding your use of our website, fund data room and investor reporting portal (e.g., cookies, browsing history and/or search history), as well as information you provide to us when you correspond with us in relation to inquiries.

Within the last twelve (12) months, we have shared each of the categories of personal information collected with affiliates and third-party service providers as set forth in “Information We Disclose” in the Privacy Notice above, and we collect personal information from the sources set forth in “Information We Collect” in the Privacy Notice above.

Purposes for Collecting Personal Information
We may collect or share the personal information we collect about you for one or more of the following business or commercial purposes:

  • performing services to you, including but not limited to:
    • the administrative processes (and related communication) in preparing for the admission of investors to the fund(s);
    • ongoing communication with potential investors, their representatives, advisors and agents (including the negotiation, preparation and signature of documentation) during the process of admitting potential investors to the fund;
    • the performance of obligations under the governing documents of the funds (and all applicable anti-money laundering, KYC and other related laws and regulations) in assessing suitability of potential investors in the applicable fund;
    • ongoing operations, administrative, accounting, reporting, account maintenance and other processes and communication required to operate the business of the funds in accordance with its governing documents and other documentation between the parties, including customer service, processing or fulfilling transactions, verifying personal information, processing contributions and distributions and financing;
    • keeping investors informed about the business of the general partner or managing member of the applicable fund and its affiliates generally, including offering opportunities to make investments other than to the applicable fund and related advertising;
  • auditing and verifications related to investor interactions, including but not limited to, verifying the quality and effectiveness of services and compliance;
  • detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity; and
  • complying with U.S., state, local and non-U.S. laws, rules and regulations.

WE DO NOT SELL ANY OF THE PERSONAL INFORMATION WE COLLECT ABOUT YOU TO THIRD PARTIES.

Deletion Rights
You have the right to request that we delete any of your personal information that we retain, subject to certain exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations.

Disclosure and Access Rights
You have the right to request that we disclose to you certain information regarding our collection, use, disclosure and sale of personal information specific to you over the last twelve (12) months. Such information includes:

  • The categories of personal information we collected about you;
  • The categories of sources from which the personal information is collected;
  • Our business or commercial purpose for collecting such personal information;
  • Categories of third parties with whom we share the personal information;
  • The specific pieces of personal information we have collected about you; and
  • Whether we disclosed your personal information to a third party, and if so, the categories of personal information that each recipient obtained.

No Discrimination
We will not discriminate against you for exercising your rights under the CCPA, including by denying service, suggesting that you will receive, or charging, different rates for services or suggesting that you will receive, or providing, a different level or quality of service to you.

How to Exercise Your Rights
To exercise any of your rights under the CCPA, or to access this notice in an alternative format, please submit a request using the method set forth below.

  • Via email: please submit your request and telephone number by email to [email protected] and we will call you between 9 a.m and 6 p.m. Pacific Time.

We will contact you to confirm receipt of your request under the CCPA and request any additional information necessary to verify your request. We verify requests by matching information provided in connection with your request to information contained in our records. Depending on the sensitivity of the request and the varying levels of risk in responding to such requests (for example, the risk of responding to fraudulent or malicious requests), we may request your investor portal access credentials in order to verify your request. You may designate an authorized agent to make a request under the CCPA on your behalf, provided that you provide a signed agreement verifying such authorized agent’s authority to make requests on your behalf, and we may verify such authorized person’s identity using the procedures above.

Our goal is to respond to any verifiable consumer request within forty-five (45) days of our receipt of such request. We will inform you in writing if we cannot meet that timeline. Please contact Putnam Hill Capital Partners L.P., at [email protected] with any questions about this Privacy Notice.

EU AND CAYMAN DATA PROTECTION PRIVACY NOTICE

This privacy notice (“EU/Cayman Privacy Notice”) supplements the Privacy Notice above and applies to the extent that EU Data Protection Legislation or similar legislation in any other applicable jurisdiction, including the Data Protection Law, 2017 of the Cayman Islands, applies to the processing of personal data by an Authorized Entity (as defined below) or to the extent that a data subject is a resident of the United Kingdom (the “UK”), the European Union (“EU”) or the European Economic Area (“EEA”). If this EU/Cayman Privacy Notice applies, the data subject has certain rights with respect to such personal data, as outlined below.

For purposes of this EU/Cayman Privacy Notice, (a) “EU Data Protection Legislation” means all applicable legislation and regulations relating to the protection of personal data in force from time to time in the EU, the EEA, the UK or the Cayman Islands, including without limitation, the Data Protection Directive (95/46/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Data Protection (Processing of Sensitive Personal Data) Order 2000, or any other legislation which implements any other current or future legal act of the European Union concerning the protection and processing of personal data (including Regulation (EU) 2016/679 (the General Data Protection Regulation) and any national implementing or successor legislation), and including any amendment or re-enactment of the foregoing, (b) “Non-Equivalent Country” shall mean a country or territory other than (i) a member state of the EEA or (ii) a country or territory which has at the relevant time been decided by the European Commission in accordance with EU Data Protection Legislation to ensure an adequate level of protection for personal data, (c) where the Authorized Entity is established in the Cayman Islands, the Data Protection Law, 2017 of the Cayman Islands (the “DPL”) will apply to the processing of personal data by or on behalf of such Putnam Hill Fund and/or the Authorized Entity, and (d) the terms “data controller”, “data processor”, “data subject”, “personal data” and “processing” shall be interpreted in accordance with the applicable EU Data Protection Legislation and/or the DPL (as applicable).

Please contact Putnam Hill’s General Counsel or Chief Compliance Officer at 203-552-3500 with any queries arising out of this EU/Cayman Privacy Notice.

Categories of Personal Data Collected and Lawful Bases for Processing
Putnam Hill Capital Partners L.P., and its affiliates (collectively, “Putnam Hill”) manages or advises a private debt fund (each, a “Putnam Hill Fund”). In connection with the formation of, offering of interests in and operation of each such Putnam Hill Fund, Putnam Hill and its administrators, legal counsel and other advisors and agents (the “Authorized Entities”) collect, record, store, adapt, and otherwise process and use personal data either relating to potential investors or to their partners, officers, directors, employees, shareholders, ultimate beneficial owners or affiliates or to any other data subjects from the following sources (and all references to “potential investor(s)” in this EU/Cayman Privacy Notice shall be to such potential investor(s) and, as applicable, any of these other persons as relate to such potential investor(s)):

  1. information received in telephone conversations, in voicemails, through written correspondence, via e-mail, or on subscription agreements, investor questionnaires, applications or other forms (including, without limitation, any anti-money laundering, identification, and verification documentation);
  2. information about transactions with any Authorized Entity or others;
  3. information captured on any Authorized Entity’s website, including registration information and any information captured via “cookies”; and
  4. information from available public sources, including from:
    • publicly available and accessible directories and sources;
    • bankruptcy registers;
    • tax authorities, including those that are based outside the Cayman Islands, the UK and the EEA if you are subject to tax in another jurisdiction;
    • governmental and competent regulatory authorities to whom any Authorized Entity has regulatory obligations;
    • credit agencies; and
    • fraud prevention and detection agencies and organizations.

Any Authorized Entity may process the following categories of personal data:

  1. names, dates of birth and birth place;
  2. contact details and professional addresses (including physical address, email address and telephone number);
  3. account data and other information contained in any document provided by potential investors to the Authorized Entities (whether directly or indirectly);
  4. risk tolerance, transaction history, investment experience and investment activity;
  5. information regarding a potential investor’s status under various laws and regulations, including their social security number, tax status, income and assets;
  6. accounts and transactions with other institutions;
  7. information regarding a potential investor’s interest in a Putnam Hill Fund, including ownership percentage, capital investment, income and losses;
  8. information regarding a potential investor’s citizenship and location of residence;
  9. source of funds used to make an investment in a Putnam Hill Fund;
  10. anti-money laundering, identification (including passports and drivers’ licenses), and verification documentation; and
  11. organizational and governing documents.

Any Authorized Entity may, in certain circumstances, combine personal data it receives from a potential investor with information that it collects from, or about such potential investor. This will include information collected in an online or offline context.

One or more of the Authorized Entities are “data controllers” of personal data collected in connection with each Putnam Hill Fund. In simple terms, this means such Authorized Entities (i) “control” the personal data that they or other Authorized Entities collect from potential investors or other sources and (ii) make certain decisions on how to use and protect such personal data.

There is a need to process personal data for the purposes set out in this EU/Cayman Privacy Notice as a matter of contractual necessity under or in connection with the governing documents and associated fund documentation of each Putnam Hill Fund, and in the legitimate interests of the Authorized Entities (or those of a third party) to operate their respective businesses. From time to time, an Authorized Entity may need to process the personal data on other legal bases, including, with consent, to comply with a legal obligation, if it is necessary to protect the vital interests of a potential investor or other data subjects, or if it is necessary for a task carried out in the public interest.

A failure to provide the personal data requested to fulfil the purposes described in this EU/Cayman Privacy Notice may result in the applicable Authorized Entities being unable to provide the services in connection with the governing documents of each Putnam Hill Fund.

Purpose of Processing
The applicable Authorized Entities process the personal data for the following purposes (and in respect of paragraphs (c), (d) and (f) below, in the legitimate interests of the Authorized Entities):

  1. The performance of obligations under the governing documents (and all applicable anti- money laundering, KYC and other related laws and regulations) in assessing suitability of potential investors in each Putnam Hill Fund.
  2. The administrative processes (and related communication) carried out between the Authorized Entities in preparing for the admission of investors to each Putnam Hill Fund.
  3. Ongoing communication with potential investors, their representatives, advisors and agents, (including the negotiation, preparation and signature of documentation) during the process of admitting potential investors to each Putnam Hill Fund.
  4. The ongoing administrative, accounting, reporting and other processes and communication required to operate the business of each Putnam Hill Fund in accordance with the respective governing documents of each such Putnam Hill Fund and other applicable documentation between the parties.
  5. Any legal or regulatory requirement.
  6. Keeping investors informed about the business of Putnam Hill and its affiliates generally, including offering opportunities to make investments in one or more Putnam Hill Funds.
  7. Any other purpose that has been notified, or has been agreed to, in writing.

The Authorized Entities monitor communications where the law requires them to do so. The Authorized Entities also monitor communications, where required to do so, to comply with regulatory rules and practices and, where permitted to do so, to protect their respective businesses and the security of their respective systems.

Sharing and Transfers of Personal Data
In addition to disclosing personal data amongst themselves, any Authorized Entity may disclose personal data, where permitted by EU Data Protection Legislation and/or the DPL (as applicable), to other service providers, employees, agents, contractors, consultants, professional advisers, lenders, data processors and persons employed and/or retained by them in order to fulfil the purposes described in this EU/Cayman Privacy Notice. In addition, any Authorized Entity may share personal data with regulatory bodies having competent jurisdiction over them, as well as with the tax authorities, auditors and tax advisers (where necessary or required by law).

Any Authorized Entity may transfer personal data to a Non-Equivalent Country, in order to fulfil the purposes described in this EU/Cayman Privacy Notice and in accordance with applicable law, including where such transfer is a matter of contractual necessity to enter into, perform and administer the governing documents of each Putnam Hill Fund, and to implement requested pre-contractual measures. For information on the safeguards applied to such transfers, please contact Putnam Hill’s General Counsel or Chief Compliance Officer at 203-552-3500.

Retention and Security of Personal Data
Putnam Hill and its affiliates consider the protection of personal data to be a sound business practice, and to that end, employ appropriate technical and organizational measures, including robust physical, electronic and procedural safeguards to protect personal data in their possession or under their control.

Personal data may be kept for as long as it is required for legitimate business purposes, to perform contractual obligations, or where longer, such longer period as is required by applicable legal or regulatory obligations. Personal data will be retained throughout the life cycle of any investment in a Putnam Hill Fund. However, some personal data will be retained after a data subject ceases to be an investor in a Putnam Hill Fund.

Data Subject Rights
It is acknowledged that, subject to applicable EU Data Protection Legislation and/or DPL, the data subjects to which personal data relates, have certain rights under EU Data Protection Legislation and/or DPL: (i) to obtain information about, or (where applicable) withdraw any consent given in relation to, the processing of their personal data; to access and receive a copy of their personal data; (ii) to request rectification of their personal data; (iii) to request erasure of their personal data; (iv) to exercise their right under EU Data Protection Legislation to data portability; and (v) the right not to be subject to automated decision-making. Please note that the right to erasure is not absolute and it may not always be possible to erase personal data on request, including where the personal data must be retained to comply with a legal obligation. In addition, erasure of the personal data requested to fulfil the purposes described in this EU/Cayman Privacy Notice, may result in the inability to provide the services required pursuant to the governing documents of each Putnam Hill Fund.

In case the data subject to whom personal data relates disagrees with the way in which their personal data is being processed in relation to the governing documents of a Putnam Hill Fund, the data subject has the right to object to this processing of personal data and request restriction of the processing. The data subject may also lodge a complaint with the competent data protection supervisory authority in the relevant jurisdiction.

The data subject may raise any request relating to the processing of his or her personal data with Putnam Hill or the general partner of the relevant Putnam Hill Fund.

LEGAL DISCLOSURES

By using this website (the “Website”), you agree to abide by these terms and conditions in this Legal Disclosures section “Legal Disclosures”. If you do not agree to abide by these Legal Disclosures, do not use this Website. Putnam Hill Capital Partners L.P. (“Putnam Hill”) reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Website, including the Legal Disclosures, in whole or in part, at any time. Changes will be effective when posted.

Putnam Hill authorizes you to view and access a single copy of the content available on this Website for your own use. You are not permitted to reproduce or distribute to third parties any such content for commercial use. Please be advised that Putnam Hill may record certain usage information, such as the number and frequency of visitors to this Website.

In addition, third-party sites may be linked to this Website, with or without Putnam Hill’s consent. Putnam Hill makes no warranty or representation regarding, does not endorse, and does not accept any responsibility for, any websites linked to or from this Website or the information appearing thereon or any of the products or services described thereon.

This Website does not constitute an offer to sell or a solicitation of an offer to buy any interest in any investment vehicle managed by Putnam Hill or any company in which Putnam Hill or its affiliates have invested. Nothing on this Website constitutes professional or financial advice nor does any information on this Website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto.

Unless otherwise expressly set forth herein, Putnam Hill makes no representation that materials on this Website are appropriate or available for use in any location. If it is illegal or prohibited in your country of origin to access or use this Website, then you should not do so. Those who choose to access this Website do so on their own initiative and are responsible for compliance with local laws.

This Website and the information and materials on this Website are provided “as is” and without warranties or representations of any kind either expressed or implied and Putnam Hill and its affiliates disclaim all warranties, expressed or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Putnam Hill does not warrant the accuracy, completeness or reliability of any information on this Website or that this Website will operate “error free.” In no event shall Putnam Hill or its affiliates, or any of their respective partners, stockholders, members, managers, officers, directors, employees, agents, funds and such funds’ limited partners (collectively, the “Putnam Hill Parties”), be responsible for any damages, liabilities or injury, including indirect, incidental, special, punitive, multiple, consequential or other damages, however caused, arising out of your use of (or inability to use) this Website. Putnam Hill’s liability is limited to the maximum extent permitted by law and is limited even if Putnam Hill has been advised of the possibility of the damages, liability or injury that you suffer, including any damages, liabilities or injury caused by any failure of performance, error, omission, defect, interruption, delay in operation, computer virus, line failure or other computer malfunction.

Past performance is not indicative of future results. Specifically, there is no guarantee that any results that may be described on this website can be or will be replicated in the future.

Certain portions of this website include information regarding loans to portfolio companies that are owned by private equity firms. Certain portions may include statements made by management of these portfolio companies or their investors. While Putnam Hill may have access to the management and operations of each such portfolio company, the information provided herein with regard to these companies is still nonetheless based on information provided by their management or investors. While believed to be reliable, such information is not necessarily independently verified, and accordingly, such information should not be relied upon in making any investment decisions. Statements made by management of any such company or its investors are the statements of such individuals and not of the firm. Such commentary should not be relied upon or otherwise interpreted as the rendering of investment advice.

Not every portfolio company in which a Putnam Hill fund ever invested is presented herein. For a full list of investments and returns related to any of the funds discussed herein, or any other fund ever managed by Putnam Hill, please contact [email protected]

If your use of this Website gives rise to any third party claim against you or any Putnam Hill Party, you agree to (i) indemnify and hold harmless the Putnam Hill Parties with respect to any such claim, (ii) release the Putnam Hill Parties from any such claim and (iii) waive all laws that may limit the efficacy of such release.

These Legal Disclosures shall be governed by the laws of the State of Delaware, without giving effect to its conflict of laws provisions. Any dispute relating to these Legal Disclosures shall be brought solely in the state or federal courts located in Delaware and you agree that such courts shall have jurisdiction over you in connection with any such dispute. You must commence any cause of action you may have with respect to your use of this Website within one year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision in these Legal Disclosures of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Legal Disclosures, and the remainder shall continue in full force and effect. To the extent these Legal Disclosures conflict with the Legal Disclosures relating to any password-protected area of this Website, the more specific Legal Disclosures relating to such password-protected area shall control.

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