Privacy Policy

Last Updated: July 8, 2019

Your privacy is very important to us. This document (the “Privacy Policy”) is provided by Hitchwood Capital Management LP on behalf of itself and the funds and accounts it manages (collectively, “Hitchwood” or “we”), and sets forth Hitchwood’s policies with respect to the collection, sharing and protection of information pertaining to Hitchwood’s current, prospective and former investors, service providers, other business contacts and users of our websites. Please read this Privacy Policy carefully to understand what we do. A link to this Privacy Policy is available on our website at www.hitchwoodcap.com.

If you choose to visit our public or password-protected website, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, , including limitations on damages and application of the law of the State of New York.

Updates to Privacy Policy

We may revise and update this Privacy Policy from time to time to reflect changes in the law, our data handling practices or the features of our services, including our website. The new version of the Privacy Policy will be posted on our website. We will indicate at the top of this Privacy Policy when it was last updated. By continuing to do business with us or use the website or the services that we provide to you after any changes to the Privacy Policy, you acknowledge such revised Privacy Policy governs our information practices. If you use the password-protected portions of our website, you will be asked to read and confirm agreement to this Privacy Policy when you login to those password-protected portions of our website and each time a change is made to the policy thereafter.

The information we collect               

Investors, Service Providers and Business Contacts

We collect personal data from current and prospective investors, service providers and business contacts, such as your name, residential address, place of business, email address, place of birth, date of birth, telephone number, copies of photo identification (e.g., passports, driver’s license, etc.), utility bills, social security or other tax identification number, account details and numbers, specimen signature, criminal history, assets, employment and education history, source of wealth, transactions, investment activity and/or income information. Much of this information is collected when you: (i) provide it to us in a subscription agreement and related documents; (ii) provide it to us in correspondence and conversations with Hitchwood representatives; or (iii) otherwise transact with us, such as when you invest in one of our advised funds, tell us where to send money or make a wire transfer. We may also collect your personal data from other sources, such as credit bureaus, investor databases, clearinghouses, data brokers, fraud databases, social media platforms, research vendors, other websites, our affiliates or other companies and other publicly available sources such as company websites. We may combine the personal data we receive from these other sources with the personal data that we collect from you. If you are a corporate or institutional investor (including, for these purposes, legal arrangements such as trusts or exempted limited partnerships) 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.

We may also collect your information when you email us. For example, at times, visitors to our website may choose to email individuals at Hitchwood using links available on our website. In such instances, your email address, address, phone number and other contact information contained in your email, as well as any other information you choose to provide in that email may be collected as part of the process of sending the email to us in order to enable us to reply to those emails.

Website Visitors

When you use our public website at www.hitchwoodcap.com and the password protected portions of our website accessible via the Investor Login page we collect personal data from you. At the present time, we do not collect any names, addresses, phone numbers, social security numbers or email addresses from visitors to the publicly available areas of our website; however, we may collect personal data as described in this Privacy Policy from investors who access the investor portal. We may also automatically track certain information that your browser makes available whenever you visit a website whether you are visiting the public website and/or the investor portal. Thus, we may collect and analyze information such as your IP address, browser types, browser language, operating system, the state or country from which you accessed the websites, software and hardware attributes (including device IDs) referring and exit pages and URLs, platform type, the number of clicks, files you download, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the terms you use in searches on our websites, the date and time you used the websites, error logs, and other similar information.

How we use your information

We and our service providers use your information for various purposes depending on the type of information we have collected from you and about you, in order to:

How we share your information

We may share or disclose information about you in the following ways:

Affiliates and Subsidiaries.. We may share your information with our affiliates and subsidiaries, including, but not limited to, affiliated management entities and general partners to deliver our services, ensure a consistent level of service, enhance our products, services and your customer experience, and for our affiliates’ everyday business purposes.

Service Providers.. We provide access to or share your information with select non-affiliated third parties who perform services on our behalf, including, but not limited to, administrators, email and document retention service companies, customer relationship management software service providers, IT infrastructure providers, banks, prime brokers, custodians, law firms, compliance consultants, auditors, tax preparers, tax reclaim service providers, fund directors and advisory committee members, counterparties and other service providers. These parties have access to information to help us perform our everyday business purposes, such as to correspond with you, process your transactions, maintain your account(s), send you marketing materials, respond to subpoenas, court orders, regulatory requests and legal investigations, cooperate with legal and regulatory bodies, or make required filings and reports to government authorities. We require non-affiliated service providers to maintain the confidence of your private information. In some instances, these non-affiliates may collect information directly from you. If you provide additional information to a service provider directly, their use of your information is governed by their applicable privacy policy.

With Your Consent. We may share or disclose information about you if you direct us to do so. 

Protection of Hitchwood and Others. You acknowledge and agree that we may access, retain and disclose with or without notice and with or without your consent the information we collect and maintain about you, where permitted by applicable laws and regulations, if required to do so by law or regulation, or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with (i) lawful requests from a regulator or law enforcement or (ii) legal process (e.g. a subpoena or court order); (b) enforce our Terms of Use, this Privacy Policy, Subscription Agreements or any other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of Hitchwood, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.

Business Transfers.  As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions (including in contemplation of such transactions), user information, including personal data, may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third-party, customer information (including your email address and other personal data) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, we will comply with such restrictions.

Aggregate/Anonymous Information. From time to time, we may share aggregate and/or anonymous information about you. The sharing of such data is unrestricted.

Marketing

Sharing with Non-Affiliates for Marketing Purposes. While we do not currently share your information with non-affiliates for them to market their own products and services to you, we may do so in the future. For CCPA compliance, if the information is sold to third parties, California consumers must be provided an Internet Web page (available here and on the company’s website) that enables the California consumer, or a person authorized by the consumer, to opt out of the sale of the consumer’s personal information. You cannot require the consumer to create an account in order to direct the business not to sell the consumer’s personal information. 1798.135.(a)(1). You may prevent this type of sharing by calling the Chief Compliance Officer at (212) 373-1213 or emailing investors@hitchwoodcap.com. If we do decide in the future to engage in such sharing and you are a new investor, we can begin sharing your information to enable our non-affiliates to market their products and services to you 30 days from the date we sent you notice of this Privacy Policy or 30 days from the date you acknowledge this Privacy Policy, whichever is earlier. When you are no longer our investor, we may continue to share your information as described in this Privacy Policy. However, you may contact us at any time to limit our sharing. If you limit sharing for an account you hold jointly with someone else, your choices will apply to everyone on your account.

Marketing communications from Hitchwood. You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding our products, services, promotions and special events that might appeal to your interests by contacting us using the information below. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you, or important notifications.

Legal bases for use of your information

The legal bases for using your information as set out in this Privacy Policy are as follows:

You are responsible for the use and security of your password

The password-protected areas of our website are established for investors and their representatives only. If you wish to access the password-protected areas of our website, you will need to apply for a password. If you apply for a password to access password-restricted areas on our website, you must provide us with your name, mailing address, email address, phone number, investor affiliation and other relevant information, in addition to the information you have provided to us as an investor (if applicable).

You are responsible for all actions taken with your username and password. Therefore, we recommend that you do not disclose your password to anyone. You may not allow others to use your username or password to access or use any part of our 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 emailing hitchwoodinvestors@hedgeserv.com. You can change your User ID, email address, contact 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.

How long we keep personal data

We generally retain personal data for so long as is necessary, for the purposes described in this Privacy Policy. To dispose of personal data, we may anonymize it, delete it or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.

Security

We maintain strict operational policies, including physical, electronic and logical controls and apply what we believe to be appropriate technical and organizational information security measures to safeguard and secure our data, facilities, and networks to attempt to prevent the unauthorized access to data we may collect online, and have appropriate policies in place to ensure that any information we collect is used in compliance with this Privacy Policy. These controls vary based on the sensitivity of information that we maintain about you.

We cannot ensure, however, that all of your private communications and other personal data will never be disclosed in ways not described in this Privacy Policy. For example (without limiting the foregoing), unauthorized third parties may unlawfully intercept or access transmissions or private communications, or service providers may abuse or misuse your personal data that they collect and use on our behalf. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personal data, private communications, or other information will always remain private.

Children’s Privacy

Our services and websites are not intended for persons under the age of 18 and persons under the age of 18 are not eligible to use our website or our services. If we become aware that we have collected personal data from a person under the age of 18, we will take reasonable steps to delete such information as soon as possible and will not sell that information to third parties.

Data Controller. Hitchwood Capital Management LP, located at 640 Fifth Avenue, 22nd Floor, New York, NY 10019 is the data controller for your information. If you are an investor in Hitchwood Capital Fund Ltd., Hitchwood Capital Master Fund LP or Hitchwood Capital Partners LP, the respective fund in which you are invested will also act as a data controller for your information. Each of the funds can also be reached care of Hitchwood Capital Management LP at 640 Fifth Avenue, 22nd Floor, New York, NY 10019.

Processing of information in and outside the United States and the Cayman Islands

The information discussed in this Privacy Policy is processed in the United States by Hitchwood Capital Management LP, whose principal office in the United States is located at 640 Fifth Avenue, 22nd Floor, New York, New York 10019. Your information will be processed in the United States for the purposes described herein. As described above, we also may subcontract the processing of your data to, or otherwise share your data with, other members within the Hitchwood family of companies, service providers, and business partners in countries other than your country of residence, including, but not limited to, the United States, Ireland, Canada and the Cayman Islands in accordance with applicable law. Such third parties may be engaged in, among other things, the provision of the website to you and the provision of support services to you, Hitchwood’s advised funds and Hitchwood. By providing us with your information, you acknowledge any such transfer, storage or use.

If we provide any information about you to third party information processors, we will take appropriate measures to ensure such companies protect and transfer your information adequately in accordance with this Privacy Policy and applicable laws, including the DPL. We comply with legal requirements for cross-border data protection, including through the use of European Commission-approved Standard Contractual Clauses and, in some cases, a third party’s participation in the EU-U.S. or Swiss-U.S. Privacy Shield Framework. If applicable, you may make a complaint to the data protection supervisory authority in the jurisdiction where you reside, or in the Cayman Islands. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.

Data subject rights and your choices

If you are located in the EEA, permanently reside in the state of California or are a domiciliary of California residing in another jurisdiction for a temporary or transitory purpose, you have certain legal rights with respect to your personal data as described below:

If you are located in the EEA, you have certain additional legal rights with respect to your personal data as described below:

The DPL provides for broadly analogous rights.

Please note that the right for your personal data to be erased (the "right to be forgotten") that applies in some contexts under applicable law is not likely to be applicable to most, if not all, of the personal data you provide to us, given the specific nature of the purposes for which we use personal data, as described in this Privacy Policy.

We will consider all requests and provide our response within the time-period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.

Contact Us

As we do not process personal data on a large scale, we are not required to designate a data protection officer. However, should you have any queries or wish to discuss your data protection rights with us, please contact Hitchwood's Chief Compliance Officer at (212) 373-1213 or security@hitchwoodcap.com.