Effective September 2022
If you are a California resident, please read our Privacy Notice for California Consumers below.
1. The Information We Collect and Use
When we use the term “Personal Data” we mean nonpublic information that can be used to identify you as an individual person. We collect the following categories of Personal Data:
2. How We Collect Your Personal Data
We may collect Personal Data in various ways and from various sources, including:
Our website does not respond to Do Not Track Signals.
3. Purpose for Collection and How We Use Your Personal Data
We collect, store, and use your Personal Data for business or commercial purposes including to pursue our legitimate interests, or those of a third party to whom your Personal Data is disclosed, including without limitation:
4. Sharing Your Personal Data
We do not sell any Personal Data to unaffiliated third parties or share it for purposes of cross-context behavioral advertising and have not done so in the past 12 months.
We may share your Personal Data with other entities within ArcLight including with ArcLight funds or related entities for any of the purposes set forth above or with our agents and service providers. In certain circumstances we may be legally obliged to share your Personal Data with relevant regulatory authorities such as the U.S. Securities and Exchange Commission. They, in turn, may exchange this information with foreign authorities, including tax authorities and other applicable regulatory authorities.
Our agents and service providers may process your Personal Data on our behalf, including with our banks, accountants, auditors, and lawyers, which may be data controllers in their own right. Our service providers are generally processors acting on our instructions. Additionally, a service provider may use your Personal Data if necessary for compliance with a legal obligation to which it is subject (for example, to comply with applicable anti-money laundering and counter terrorist financing laws).
We may share your Personal Data with prospective creditors of ArcLight and its funds or related entities or of a future or present portfolio company, with portfolio companies directly, or with a third party that acquires, or is interested in acquiring, all or a substantial part of our assets or equity interests, or that succeeds us in carrying on all or a part of our business. In certain circumstances, we may share your Personal Data in connection with the investigation and assertion of legal rights.
5. International Transfers
If you are located outside of the United States, please be aware that the Personal Data we collect will be processed and stored in the United States. The European Commission has deemed that the United States does not offer the same level of data protection as the European Union. Other jurisdictions where you reside or are a citizen or where a Fund is established may similarly determine the same with respect to the data protection and privacy laws of that jurisdiction.
6. Retention Periods and Security Measures
We will keep your Personal Data for as long as is consistent with the purposes for which we are processing it. For example, we may require it for our legitimate business purposes, to perform our contractual obligations, or where law or regulation obliges us to. We will retain some Personal Data after your relationship with us ends.
We apply technical, physical, and administrative information security measures designed to protect against unauthorized or unlawful processing of Personal Data, and against accidental loss or destruction of, or damage to, Personal Data, although we cannot guarantee that these will always be effective.
7. Children’s Privacy
Our services are not intended for children under the age of 18. We do not knowingly collect information from children under the age of 18, and we do not target children under the age of 18.
8. Data Subject Rights
Individuals in Australia, California and certain other US states, Canada, Cayman Islands, Europe, Hong Kong, Israel, Japan, Singapore, South Korea, Switzerland, the United Kingdom, and certain other jurisdictions may have certain data subject rights. These rights vary, but may include a right to:
Depending on your jurisdiction, you may also be entitled to direct any complaints in relation to our processing of Personal Data to your national or local data protection supervisory authority, or to the Cayman Islands Ombudsman, if the complaint is in relation to a Cayman Islands fund. Please consult local authorities.
The rights described herein are not absolute and we reserve all of our rights available to us at law in this regard. Individuals who submit requests for access or erasure of Personal Data and certain other rights will be required to verify their identity by answering questions. For requests related to particularly sensitive information, we may require additional proof of identification. We will not disclose or delete any information until such individual’s identity is verified. If you are making a request for access, we may not be able to provide specific pieces of Personal Data if the disclosure creates a substantial, articulable, and unreasonable risk to the security of your Personal Data or our systems or networks. If you are making a request for erasure, we will ask that you confirm that you would like us to delete your Personal Data again before your request is submitted. In certain circumstances, we may not erase all Personal Data, as permitted by applicable law. We will process your request within the time provided by applicable law.
You may submit requests relating to your exercise of these rights to us using the contact information below.
You may designate an authorized agent to submit a request on your behalf by providing that agent with your signed permission to do so. In addition, we may still ask that you verify your identity directly with us or directly confirm with us that you provided the authorized agent permission to submit the request before we can honor the request. We will not honor any requests from agents until authorization is verified.
9. Privacy Notice for California Consumers
In the preceding 12 months, we have collected and used Personal Data in the manner described above in the sections titled, “The Information We Collect and Use”, “How We Collect Your Personal Data”, “Purpose for Collection and How We Use Your Personal Data”, and “Sharing Your Personal Data”.
California’s “Shine the Light” law permits California residents to annually request and obtain information free of charge about what Personal Data is disclosed to third parties for direct marketing purposes in the preceding calendar year. We do not share Personal Data with outside parties for their direct marketing.
We want to communicate with you only if you want to hear from us. If you wish to opt out of receiving any communications, you may do so at any time by contacting us using our contact information below.