Third-Party Individuals Privacy Policy

Last Updated: January 10, 2020

Farallon Capital Management®, L.L.C. (“Farallon”) understands that visitors to this website and other third-party individuals with whom Farallon interacts (collectively, “3PI”) are concerned about the privacy of their personal information.

This 3PI Privacy Policy describes how Farallon collects, uses, discloses, updates, and protects personal information you provide to Farallon through its website at www.faralloncapital.com and other interactions you undertake with Farallon. This 3PI Privacy Policy does not apply to personal information of Farallon’s employees, job applicants, or contractors, whose data is the subject of a separate privacy policy notice. The Third-Party Individuals Privacy Policy is provided in addition to any other privacy notices you may receive in connection with your investment in Farallon funds, including the Data Protection Notice for Investors. The personal information of Farallon business contacts collected in the course of Farallon’s business-to-business interactions is excluded from this 3PI Privacy Policy, as permitted by the CCPA.

Farallon may revise and update this 3PI Privacy Policy from time to time without additional notice to you. Any changes Farallon may make to this 3PI Privacy Policy in the future will be posted on this page. Please review the most recent version of the 3PI Privacy Policy by clicking on any “Privacy Policy” link on Farallon’s website. When Farallon updates this Privacy Policy, the “Last Updated” date above will be revised.

Information Collected

This policy applies to information collected from, or which may be submitted to, Farallon’s website and other information Farallon collects when you undertake 3PI interactions with Farallon. At the present time, Farallon does not collect personally identifiable information about visitors to the publicly available, non-password protected areas of the website, such as visitors’ names, tracking information, phone numbers, or email addresses.

This website uses “cookies,” which may automatically collect certain information and data to enable website performance and formatting. These cookies do not provide Farallon with any data analytics or enable behavioral advertising. Farallon may log visitor IP addresses, device IDs and similar details for cybersecurity and other website maintenance functions.

Your browser or device may offer a “Do Not Track” option, which allows you to signal to operators of websites, web applications, mobile applications, and online services that you do not wish such operators to track certain of your online activities over time and/or across different websites or applications. Farallon’s website does not support Do Not Track requests.

When visitors to the website choose to email Farallon using links available on Farallon’s website, such senders’ names, email addresses, IP addresses and other personal information may be collected by Farallon as part of the process of sending and receiving email. Email and other electronic communications sent or received by Farallon are subject to mandatory retention periods, as required by applicable laws and regulations and Farallon’s policies to implement such requirements.

Farallon engages in business relationships with consultants, advisors, contractors and other persons. The personal information Farallon collects in the course of these relationships is excluded from this 3PI Privacy Policy, as permitted by the CCPA. In the course of its investment research, Farallon may obtain anonymized or aggregated data, which is also excluded from this 3PI Privacy Policy, as permitted by the CCPA.

Farallon does not knowingly collect the personal information of minors who are 3PI persons. Farallon does not knowingly collect or sell the personal information of 3PI minors.

Farallon’s Use of 3PI Information

Farallon may share 3PI information it collects with Farallon with parties outside of Farallon as follows:

  • Third-party service providers. Farallon may share IP addresses, device IDs, email addresses and similar 3PI personal information with third-party service providers to perform functions in connection with the website and Farallon’s IT infrastructure, such as operations, cybersecurity and storage.
  • Law enforcement entities. Farallon may disclose 3PI personal information to courts, governmental or non-governmental regulators, and to law enforcement when required by a valid subpoena or court order, or as otherwise permitted or required by law.

Data and Network Security

Farallon maintains operational policies to safeguard and provide reasonable security for its data networks. However, no security measures are infallible. Always use caution when transmitting information over the Internet.

Data minimization is a responsibility shared by you and Farallon. Please, as a 3PI, do not send Farallon personal information through the website or via email or other electronic communications unless Farallon specifically requests or requires such information.

California “Shine the Light”

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits California residents to annually request, free of charge, information about the personal information (if any) disclosed to third parties for direct marketing purposes in the preceding calendar year. To Farallon’s knowledge, no 3PI personal information is shared with third parties for their own marketing purposes.

CCPA Rights Afforded to California Residents

If you are a California resident whose information is covered by the relevant provisions of the California Consumer Privacy Act (“CCPA”), you may have additional privacy rights.

The additional rights described in this section do not apply to personal information that is exempted from the requirements of the CCPA. The CCPA exempts, among other things, information protected by the U.S. Gramm-Leach-Bliley Act of 1999, which Farallon addresses in a separate notice to applicable persons, and information processed exclusively in the business-to-business context (e.g., information about an individual acting in his or her capacity as a representative of an entity).

Right to request disclosure of information Farallon collects and shares about you.

California residents may submit a request for the following personal information Farallon may have collected over the 12-month period preceding the request:

  • The categories of personal information Farallon has collected about you.
  • The categories of sources from which Farallon collected the personal information.
  • The business or commercial purposes for which Farallon collected or sold the personal information.
  • The categories of third parties with which Farallon shared the personal information.
  • The specific pieces of personal information Farallon collected.

California residents may also submit a request for the following information:

  • The categories of personal information (if any) that Farallon has sold about you, the categories of third parties to which Farallon has sold that Information, and the category or categories of personal information sold to each third party.
  • The categories of personal information that Farallon has disclosed for a business purpose.

Right to request deletion of personal information Farallon has collected about you.

Upon request, Farallon will delete the personal information it has collected about you that is covered by the CCPA, except where retention is permitted by the CCPA, e.g., for Farallon to comply with federal, state or local laws; exercise or defend legal claims; perform a contract between you and Farallon; maintain the functionality or security of Farallon systems; or comply with or exercise rights provided by law. The CCPA also permits Farallon to retain personal information for its internal use, in ways that are compatible with and reasonably aligned with your provision of the information to Farallon.

How to exercise your rights.

To exercise the rights above, contact us toll-free at 1-833-506-0472 or use the contact details set out at the end of this Privacy Notice.

How Farallon Will Verify Your Identity When You Submit an Access or Deletion Request

Farallon’s verification process varies depending on the nature of your request. If Farallon is unable to verify your identity with the degree of certainty required, Farallon will not be able to satisfy the request.

In most cases, the steps that Farallon takes to confirm your identity entail your giving more information about yourself to Farallon than Farallon has obtained in the ordinary course of its business. Given Farallon’s 3PI privacy policies set forth above, you must determine whether your request creates greater risk to the security of your personal information.

  • Requests for specific pieces of personal information. You must supply at least three pieces of personal information so that Farallon can endeavor to match those elements to information Farallon maintains about you. Additionally, Farallon requires that you provide a declaration attesting to your identity, signed under penalty of perjury. If Farallon is unable to verify your identity with the degree of certainty required, your request will be denied on this basis. You will be sent notice of the basis of the denial.

If you fail to submit sufficient information to verify your request for specific information, Farallon will treat your request as one seeking disclosure of the categories of personal information Farallon has collected about you and endeavor to verify your identity using the less-stringent standards applicable to such requests.

  • Requests for categories of personal information collected about you. You must supply at least two pieces of personal information so that Farallon can endeavor to match those to information we maintain about you. If Farallon is unable to verify your identity with the degree of certainty required, your request will be denied on this basis. You will be sent notice of the basis of our denial.
  • Requests for deletion of personal information collected from you. You must supply at least two pieces of personal information so that Farallon can endeavor to match those to information Farallon maintains about you. If Farallon is unable to verify your identity with the degree of certainty required, your request will be denied on this basis. You will be sent notice of the basis of our denial.
  • Authorized agents – additional verification required. You may designate an agent to submit requests on your behalf. The agent can be a natural person or a business entity that is registered with the California Secretary of State.

If you would like to designate an agent to act on your behalf, you and the agent will need to comply with Farallon’s agent verification process. You must verify your identity by providing certain personal information as described above, depending on the nature of the information you request, so that Farallon can endeavor to match those to information Farallon maintains about you. Additionally, you must provide us with written confirmation that you have authorized the agent to act on your behalf and confirm the scope of that authorization. The agent must provide Farallon with proof of the agency relationship, which may be a declaration attesting to the agent’s identity and authorization by you to act on your behalf, signed by you under penalty of perjury. If the agent is a business entity, it must submit evidence that it is registered and in good standing with the California Secretary of State. Information to identify and verify your agent can be submitted through the same mechanism and at the same time that you submit information to verify your identity.

How Farallon will handle a request to exercise your rights.

For requests for access or deletion, Farallon intends to acknowledge receipt within 10 days of your request. Once your identity is verified, as described above, Farallon intends to provide a substantive response within 45 days of receipt. If your request will take longer to fulfill, Farallon will inform you.

Farallon expects to respond to verified requests free of charge, but in certain situations, you may be required to pay a reasonable fee to cover the administrative costs of providing the information.

Contact Farallon about 3PI Privacy

If you have questions about this 3PI Privacy Policy, please feel free to contact Farallon at privacy@farcap.com. To assert your privacy rights, you may also call Farallon toll-free at 1-833-506-0472.