Privacy Policy

Our Commitment to Privacy


Your privacy is important to KPS Capital Partners, LP and our affiliates (together, ‘our’, ‘us’, ‘we’ or ‘KPS’). To better protect your privacy, we are providing information explaining our online information practices in respect of the KPS website, including with respect to information submitted by visitors who have elected to share information with KPS in order to stay up-to-date with our activities.

This Privacy Policy describes how we gather and use information for visitors of this site. Please read this Privacy Policy carefully.

For the purposes of applicable EU data protection laws (including the General Data Protection Regulation (EU) 2016/679 (the “GDPR”)), KPS Capital Partners, LP will be the data controller of any personal data collected by us. If you have any questions regarding our use of your personal data or this Privacy Policy, please email dataprotection@kpsfund.com.

We rely on various legal bases under applicable data protection laws in order to process your personal data, including our legitimate interests, contractual necessity and as required by law. We use the personal data we collect to operate our business and provide you with the services and products we offer and to perform essential business operations. We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data), nor do we collect any information about criminal convictions and offenses.

If we require your personal data due to a legal requirement or obligation or in order to perform a contract with you, we will make you aware of this at the time we collect your personal data, and of the possible consequences of you failing to provide this personal data (e.g., we may require your passport details to verify your identity for the purposes of anti-money laundering regulations, and failure to provide this information means that we cannot provide our services or products to you). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

Further information about the legal bases under which we process your personal data is included in the section of this Privacy Policy headed “Why we use your personal data”.

You do not need to take any action as a result of this Privacy Policy, but to the extent the GDPR applies to our processing of your personal data, you do have certain rights as described below in the section of this Privacy Policy headed “Your rights”.

How We Obtain Your Personal Data

Information you provide to us

We collect your personal data when you decide to interact with us and we only collect the information for the purposes set out below. You can provide us with personal data via email, post and telephone, including your name, name of your employer, telephone number and email address, social insurance number, passport information, and financial information.

Why We Use Your Personal Data

To the extent that you provide us with any personal data through or in connection with this site (i.e., via telephone, email or post), we may use such information for the following purposes, and pursuant to the corresponding legal basis:

Purpose

Legal Basis

To provide you with the services or
financial products you have requested.

Contractual necessity

To keep a record of your relationship
with us.

Legitimate interest

To verify your identity.

Legal requirement and legitimate interest

Fraud and abuse prevention.

Legal requirement and legitimate interest

Litigation management and conducting internal audits and investigations.

Legal requirement and legitimate interest

To administer and protect our business
and this site.

Legitimate interest

To send you marketing communications.

Consent and legitimate interest

To respond to your contact requests via
email, post or telephone.

Legitimate interest

Note that we may process your personal data on more than one legal basis depending on the specific purpose for which we are using your personal data.

No automated decision making, including profiling, is used when processing your personal data.

Marketing

We will send you direct marketing communications where we have obtained your prior consent to keep you informed of our products and services in which you might be interested, or based on our legitimate business interests where we have an existing relationship with you and we wish to contact you about similar products or services in which you may be interested. You may opt-in to receiving marketing communications at any time, by completing the “Stay up-to-date” section of this site. You can amend your subscription preferences, including unsubscribing from marketing communications, by emailing kpsfunds@kpsfund.com. You can also respond to the “unsubscribe” email address provided in all of our marketing emails.

Disclosure and Transfer of Personal Data

Unfortunately, the transmission of information and data via the Internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of any information or data transmitted to or through this site; any transmission of information or data by you to or through this site is at your sole risk.

Your personal data will be shared with and processed by our affiliates and certain third party service providers that provide services on our behalf, as necessary to fulfill the purposes set out in this policy, including legal and financial professional advisors, consultants and data hosting providers. We make sure anyone who processes personal data on our behalf enters into an agreement with us and meets our standards for data security. To the extent your personal data is transferred to countries outside of the EEA, such transfers will only be made in accordance with applicable data protection laws. For further information about the safeguards used, please email dataprotection@kpsfund.com.

We reserve the right to disclose your personal data as required by law, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator, national security, for the purposes of public importance or any other legal or investigatory process involving us. Should we, or any of our affiliated entities, be the subject of a takeover, divestment or acquisition we may disclose your personal data to the new owner of the relevant business and their advisors.

Security and Retention of Personal Data

We are committed to protecting the personal data you entrust to us. We adopt robust and appropriate technologies and policies so the information we have about you is protected to the extent possible from unauthorized access and improper use. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and will be subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

We will keep your personal data only for as long as is reasonably necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required by law. We will not keep more information than we need for those purposes. For further information about how long we will keep your personal data, please email dataprotection@kpsfund.com.

Capacity

This site is only intended for individuals who are at least 13 years of age. We do not knowingly encourage or solicit visitors to this site who are under the age of 13 or knowingly collect personal data from anyone under the age of 13 without parental consent. If we learn we have collected or received personal data from an individual under the age of 13, we will delete that information.

Your Rights

To the extent the GDPR applies to our processing of your personal data, you have the right to access the personal data we hold about you, and there are a number of ways you can control the way in which and what information we store and process about you. To exercise these rights and controls, please email dataprotection@kpsfund.com.

  • Access: You have the right to ask for a copy of the personal data that we hold about you free of charge, however we may charge a ‘reasonable fee’, if we think that your request is excessive, to help us cover the costs of locating the information you have requested.
  • Correction: You may notify us of changes to your personal data if it is inaccurate or it needs to be updated.
  • Deletion: If you think that we should not be holding or processing your personal data any more, you may request that we delete it. Please note that this may not always be possible due to legal obligations.
  • Restrictions on use: You may request that we stop processing your personal data (other than storing it), if: (i) you contest the accuracy of it (until the accuracy is verified); (ii) you believe the processing is against the law; (iii) you believe that we no longer need your data for the purposes for which it was collected, but you still need your data to establish or defend a legal claim; or (iv) you object to the processing, and we are verifying whether our legitimate grounds to process your personal data override your own rights.
  • Object: You have the right to object to processing, including: (i) for direct marketing; (ii) for research or statistical purposes; or (iii) where processing is based on legitimate interests.
  • Portability: If you wish to transfer your personal data to another organization (and certain conditions are satisfied), you may ask us to do so, and we will send it directly if we have the technical means.
  • Withdrawal of consent: If you previously gave us your consent (by a clear affirmative action) to allow us to process your personal data for a particular purpose, but you no longer wish to consent to us doing so, you can contact us to let us know that you withdraw that consent.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Notification of Changes

We reserve the right to amend this Privacy Policy from time to time by updating this Privacy Policy. If we decide to change this Privacy Policy, we will post those changes so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to collect personal data or use any collected information in a manner different from that stated at the time it was collected, we will notify applicable users. We will use information only in accordance with this Privacy Policy under which the information was collected.

Contact Us

If you have any questions or concerns about this Privacy Policy or about our processing of your personal data, please email dataprotection@kpsfund.com.

Complaints

Should you wish to lodge a complaint with regard to how your personal data has been processed by us, please contact your local supervisory authority. In the UK, this is the Information Commissioner’s Office – https://ico.org.uk/global/contact-us.

KPS

485 Lexington Avenue, 31st Floor
New York, NY 10017
T: 212.338.5100 | F: 646.307.7100

The information set forth in the materials on this site is as of June 30, 2019 and does not purport to be a complete summary of KPS or its investments. No representation, warranty or undertaking, express or implied, is given as to the accuracy or completeness of the information or opinions contained in such materials. No reliance may be placed for any purpose on the information and opinions contained in such materials or their accuracy or completeness and nothing in such materials may be relied upon in making any investment decision. Certain information on or linked to from this site is furnished by or is derived from materials furnished by outside sources. KPS does not assume responsibility for independent verification of such information and has relied on such information being complete and accurate in all material respects. Any information presented by outside sources represents the understandings and opinions of such outside sources, which may differ from those of KPS. Any statements and quotes from third-parties are not selected on the basis of any performance-based data. Any performance information included in any document on or linked to from this site is presented for illustrative purposes only and is not indicative of the future returns of any of the funds managed by KPS and there can be no assurance that such funds will achieve comparable results, be able to avoid losses or be able to implement their investment strategies.

For information on our data processing practices, please read our privacy policy here.