Website Privacy Policy

Last modified: July 18, 2023

Introduction

Cercano Management LLC (“Cercano” or “We” or “us”) are sensitive to the privacy concerns of our clients and investors. We respect your privacy and are committed to protecting it through our compliance with this Website Privacy Policy (“Policy”).

This Policy describes the types of information we may collect from you or that you may provide when you visit the website CercanoLP.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

User Consent to Notice

By using this Website, you agree to the terms and conditions of this Policy. This Policy applies to the collection, use and disclosure of information we collect:

On this Website; and
In email, text, and other electronic messages between you and us.

It does not apply to information collected by:

Us, offline or through any other means, including on any other website operated by Cercano or any third party (including our affiliates and subsidiaries); or
Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website. Linked websites may contain privacy provisions that are different from those provided in this Policy.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use our Website. This Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

We also work with third party providers who are contractually obligated to comply with our Policies to protect information. However, if you visit or access one of these third party provider sites or mobile apps, please review the online privacy practices of that site or mobile app to understand the specifics of how your online personal information may be collected, used and shared.

We work with Wix, a third-party web platform, to enable the efficient operation of the Website and to enhance end-user functionality. We are not responsible for the privacy practices of Wix and its information practices are not covered by this Privacy Policy. You may wish to review Wix’s terms of use and privacy policies before using this Website to understand how and when the third-party service provider collects, uses, and/or shares information you make available by using its service.

Additional Privacy Policies and Notices for Advisory Clients and Investors

We are a registered investment adviser with the United States Securities and Exchange Commission (the “SEC”). We are required to have policies and procedures in place to protect the security and confidentiality of the non-public personal information of consumers and customers, and to provide a privacy notice to such persons describing our privacy policies and procedures (“Privacy Notice”). We will not disclose any non-public personal information about you, except as permitted by law.

The United States Gramm-Leach-Bliley Act of 1999 (the “GLB Act”) excludes publicly available information (including publicly listed address, telephone numbers, or email addresses), and such publicly available information may be collected in the course of your use of this Website, as further explained below in the section titled: Information We Collect About You and How We Collect It. Non-public personal information includes, but is not limited to, nonpublic personally identifiable financial information plus any list, description or grouping of our clients (each, an “Advisory Client” and collectively, “Advisory Clients”) and investors in private funds managed by us or our affiliates (each, an “Investor” and collectively, “Investors”) that is derived from nonpublic personally identifiable financial information. Non-public personal information may also include, without limitation, personal financial and account information, such as: names, addresses, contact details, or information that identifies a person as an Advisory Client or Investor; social security numbers or tax identification numbers; assets, net worth, income, or other information provided on a financial product application; bank account information; consumer report information; occupation; information acquired through an Internet “cookie” (as explained in the section titled: Information We Collect Through Automatic Data Collection Technologies); or other information regarding Advisory Clients or Investors not available to the public. Non-public personal information also may include advice provided by us to Advisory Clients, and data or analyses derived from Non-public personal information.

Our “Privacy Notice” incudes a description of the manner in which we collect non-public personal information, an explanation of the conditions under which we may disclose non-public personal information to third parties, and a summary of certain procedures designed to maintain and secure non-public personal information. The Privacy Notice is provided to new Advisory Clients and on an annual basis thereafter.

Children Under the Age of 16

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or on or through any of its features. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at: legalnotices@cercanolp.com.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website or if you contact us, including information:

By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
That is about you but individually does not identify you; and/or
About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.

Information You Provide to Us.

The information we collect on or through our Website may include:

Information that you provide by filling in forms on our Website. This includes information provided at the time of requesting further services. We may also ask you for information when you report a problem with our Website.
Records and copies of your correspondence (including email addresses), if you contact us.

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our Website, including traffic data and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

Recognize you when you return to our Website.
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.

Cookie Notice

The technologies we use for automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
Cookies Placed by Third Parties. You may also encounter cookies on our Website that are placed by third parties. This Cookie Notice does not apply to the cookies, applications, technologies, or websites that are owned and/or operated by third parties, or the practices of such third parties, even if they use or access our technology to store or collect information.

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

How We Use Your Information

We may use information that we collect about you or that you provide to us, including any personal information:

To present our Website and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Website or any products or services we offer or provide though it.
In any other way we may describe when you provide the information.
For any other purpose with your consent.

We may also use your information to contact you about services that we provide that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the registration form). For more information, see Choices About How We Use and Disclose Your Information.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this Policy:

To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Cercano Management LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Cercano Management LLC about our Website users is among the assets transferred.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.

We may also disclose your personal information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our investor agreements and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Cercano Management LLC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Automatic Data Collection Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Our electronic systems are protected by security software, which software may include firewalls, anti-virus, anti-spam, malware and trojan protection, as well as reasonably up-to-date software patches and security ‘definition’ updates. Although we seek to establish and maintain a security system that covers the use of the internet, its servers, its computers and other IT equipment (such as desktop computers, laptops, tablets and smartphones), please be aware that no security measures are perfect or impenetrable. The safety and security of your information also depends on you.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

California Residents

The California Privacy Rights Act (“CPRA”) gives California residents a number of rights regarding their personal information. These rights, and how to exercise them, are described in more detail below.

• Delete data. You can ask us to erase or delete all or some of your personal data subject to certain limited exceptions, and that we direct any service providers to do the same.

• Change or correct personal data. You can also ask us to change, update or fix your data in certain cases, particularly if it’s inaccurate.

• Object to, limit, or restrict use of personal data. You can ask us to stop using all or some of your personal data (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your personal data is inaccurate or unlawfully held).

• Right to access and/or take your personal data. You can ask us for a copy of your personal data in machine readable form.

• The right not to be discriminated against. Cercano will not discriminate against you in any manner for exercising any of the above rights with respect to your personal data.

In addition to these rights, you have the right to request the following information about your personal information that we have collected in the past 12 months:

Information about Data Collection.

The categories of personal information that have been collected about you.
The specific pieces of personal information that have been collected about you.
The categories of sources from which we have collected personal information.
The business or commercial purpose for which we have collected personal information.

Information about Data Disclosure.

The categories of third parties with whom personal information has been disclosed.
The categories of personal information that we have disclosed for a business purpose.

To exercise any of the above rights or to request any of the above information, email legalnotices@cercanolp.com and either explain what information you are requesting or describe what right you would like to exercise. Please include in your request sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information. An authorized agent may also submit requests asserting those rights on your behalf, subject to verification. Cercano will not discriminate against you in any way based on your exercise of these rights. If you would like to appeal a Cercano decision with a request to exercise any of these rights, please email us at legalnotices@cercanolp.com and explain the basis for your appeal.

In the last 12 months we have not sold or shared any personal information, including sensitive personal information.

California Notice at Collection

California law requires certain businesses to provide users with timely notice about the categories of personal information to be collected, the purposes for which the personal information is collected or used, and whether that information is sold or shared. We have described in fuller detail in this Policy the personal information that we collect, how we use and disclose it, but provide the following additional disclosure:

Information we collect. We have collected the following category of personal information within the past 12 months: internet or other similar network activity.
Purpose of collecting the information. We may collect the above information in order to provide and maintain the Website.
Sources of information. We obtain these categories of personal information directly and indirectly from your activity on https://www.cercanolp.com/. For example, website usage details may be collected automatically by cookies on the Website.
Purposes of disclosure. We disclose the personal information we collect to service providers with whom we contract for one or more of the following business purposes: (1) to operate, de-bug and improve our website and (2) to protect against malicious or fraudulent activity and prevent security incidents.
Retention of information. We do not store any historical activity from our Website, but Cercano and its service providers may collect and retain some information about site usage and interactions. These aggregated identifiers may be retained for as long as necessary to continue to fulfill the business purpose for which the information was collected, or until you request that this information be deleted.
Sensitive Personal Information. We do not collect sensitive personal information about you when you visit our Website, and thus we do not use or disclose your sensitive personal information.
Right to Opt Out of Sale/Sharing. We do not sell or share your personal information.

Residents of Virginia, Colorado, Connecticut, and Utah

Virginia, Colorado, Connecticut, and Utah also have adopted privacy laws that give consumers certain rights, including the right to confirm whether controllers are processing the consumer’s personal data, the right to access that data, the right to obtain a copy of that data, the right to correct inaccuracies in that data, and the right to delete that data. Cercano provides these rights to all consumers, regardless of where they reside. Please see above for information on how you can exercise these rights.

Additionally, these four states have adopted rights to opt out of: (1) targeted advertising; (2) the sale of personal data; and (3) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. Cercano does not engage in targeted advertising and does not sell or share your personal data. Cercano does not profile consumers in furtherance of decisions that produce legal or similarly significant effects.

Residents of the European Union, European Economic Area, United Kingdom and Switzerland.

We will transfer personal data we collect about you to the United States, where our servers are located. We will only transfer data for the purposes outlined in this Policy. The United States may not be deemed to provide the same level of data protection as your home country. For transfers of personal information from the European Economic Area to the United States or United Kingdom, and from transfers from the United Kingdom to the United States, we may rely on the Standard Contractual Clauses (“SCCs”), as adopted by the European Commission on June 4, 2021, and as it may be amended from time to time. If General Data Protection Regulations (“GDPR”) adopted by the European Commission or the United Kingdom do not apply to an agreement you have with us, then the SCCs will not apply.

It is important that the personal information we hold about you is accurate and current. By law, you may have the right to request access to, correct, and erase the personal information we hold about you, or object to the processing of your personal information under certain circumstances. Please note that United States regulations may prohibit us from erasing your personal information. You may also have the right to request that we transfer your personal information to another party. If you want to review, verify, correct, or request erasure of your personal information, object to the processing of your personal information, or request that we transfer a copy of your personal information to another party, please contact us at legalnotices@cercanolp.com.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or to make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our recordkeeping obligations and procedures. If we cannot provide you with access to your personal information, we will inform you of the reason(s) why, subject to any applicable legal or regulatory restrictions.

Period of Retention

We retain personal information in compliance with our obligations under applicable law and any applicable internal policies. We may destroy personal information without notice or liability.

Enforcement and Dispute Resolution

We commit to resolve complaints about your privacy and our collection or use of personal information. Any inquiries or complaints should first contact us at legalnotices@cercanolp.com.

Changes to Our Website Privacy Policy

It is our policy to post any changes we make to this Policy on this page with a notice that the Policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Policy to check for any changes.

Contact Information

To ask questions or comment about this Policy and our privacy practices, contact us at: legalnotices@cercanolp.com.