PCCP

Last Updated: April 19, 2023

The PCCP, LLC (“PCCP”) investment vehicle you are investing in and the general partner (and its affiliates) that administers the investment vehicle (collectively, “the Investment Vehicle”), are committed to protecting the privacy of potential and current investors, borrowers and guarantors, and other individuals whose personal information is processed in the context of investors’ investments, including, but not limited to, the personal information provided by an investor to the Investment Vehicle at the time of investment and on an ongoing basis in the course of administering the investment.

For more information about how we handle information about individual investors located in the United States, please read our GLBA Consumer Privacy Notice.

1.   Personal information we collect

Personal information you provide:

• Contact details, such as your name, email address, mailing address, and phone number.
• Identity verification information, such as your Social Security number or other government issued identification number, driver’s license and other identity documents, date and place of birth, citizenship, and profession.
• Investment information, including your transaction history, investment experience, and investment activity.
• Financial information, including your bank account information and tax details.
• Marketing data, such as your preferences for receiving our marketing communications, and details about your engagement with those communications.
• Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us, including your full name, email address, telephone number and the content of your communications.

Information we obtain from other sources: We may obtain personal information from third-party databases and data providers, including for identity verification and regulatory checks. For example, we may obtain your credit and identity information, information about criminal convictions or offenses, government watch lists, and information about affiliations to government officials from publicly available and accessible registries and sources, and third-party compliance checking providers used to perform due diligence and other screening activities, to help us confirm your identity, prevent and detect unlawful activity, and comply with our regulatory obligations.

2.   How we use your personal information

We use the personal information collected above for the following purposes:

• Assessing and processing investors’ applications, and administering investments in the Investment Vehicle, including receiving and making payments and communicating with investors as necessary in connection with their investment. Such use is necessary to perform obligations under the subscription agreement.
• Verifying investors’ identities in order to prevent fraud or other financial crime, complying with relevant statutory and regulatory requirements in relation to anti-money laundering and terrorist financing requirements including our in-house procedures. Such use is (i) necessary to perform our obligations under the subscription agreement and to comply with legal obligations such as anti-money laundering laws and regulations, (ii) necessary for our legitimate interests in preventing, detecting, investigating and prosecuting fraud and/or other criminal activity, and managing risks.
• To administer the business of the Investment Vehicle, including to conduct audits, implement risk management processes, deploy corporate governance, provide you with tax documentation, maintain and monitor IT systems and manage third party service providers. Such processing is necessary for our legitimate interests in managing risks and in the efficient management of the business.
• For direct marketing communications, including to contact you with information about similar products or services offered by the affiliates of the Investment Vehicle that may be of interest to you, subject to your consent where required. You may opt out of our marketing communications as described in the “Unsubscribe from direct marketing communications” section below.
• To meet our legal, regulatory, reporting and/or financial obligations (including purposes ancillary to the management and operation of our business and/or any of our investments) or of any of our service providers including complying with requests from, and requirements of, local or foreign regulatory or law enforcement authorities, tax identification and reporting as applicable. Such processing is (i) necessary to ensure compliance with legal obligations, (ii) necessary for our legitimate interest in preventing, detecting, investigating and prosecuting fraud and/or other criminal activity, managing risks and conducting business.
• For compliance, fraud prevention, and safety. To: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern our services; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity. Such processing is necessary for our legitimate interest in ensuring compliance with applicable privacy and security laws as well as managing risks in the efficient management of the business.

3.   How we share your personal information

We do not sell personal information. We share personal information with the following categories of recipients:

• The Investment Vehicle’s manager, administrator, and depository, including PCCP. We share personal information among these subsidiaries and affiliates to perform certain services and functions as required by or in connection with investors’ investments, and to ensure performance of the subscription agreement.
• Prospective investors. We share personal information with prospective investors, for the purpose of enabling others to make investments in the Investment Vehicle. 
• Service providers. We share personal information with third party companies and individuals that provide services on our behalf in connection with our business operation needs and as necessary in connection with the investors’ affairs (such as hosting and cloud services providers, email archiving services, providers of client relationship management software, investment management systems, and reporting software).
• Professional advisors. We disclose personal information to other PCCP affiliates and affiliated investment vehicles, professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.
• For compliance, fraud prevention and safety. We share personal information for the compliance, fraud prevention and safety purposes described above.
• Legal. We share personal information with law enforcement agencies, regulatory bodies, public authorities or pursuant to the exercise of legal proceedings if we are legally required to do so, or if we believe, in good faith, that such disclosure is necessary to comply with a legal obligation or request, to enforce our terms and conditions, to prevent or resolve security or technical issues, or to protect the rights, property or safety of the Investment Vehicle, investors, a third party, or the public. For example, we share tax documentation with governmental, regulatory or tax authorities, including in connection with the disclosure of tax treatment and tax structure of the Investment Vehicle.
• Business transfers. We may share personal information in connection with a corporate transaction (or potential transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.

4.   Your rights and choices

Unsubscribe from direct marketing communications. You may opt out of marketing-related communications by following the opt out or unsubscribe instructions contained in the marketing communication we send you or by contacting us using the details in the “Contact Us” section below.

Personal information requests. Depending on your location and the personal information processed, we also offer you choices that affect how we handle the personal information that we control. You may request the following in relation to your personal information:

• Information about how we have collected and used your personal information.
• Access to a copy of the personal information that we have retained about you. Where applicable, we will provide the information in a portable, machine-readable, readily usable format.
• Correction of personal information that is inaccurate or out of date.
• Deletion of personal information that we no longer need to provide our online services or for other lawful purposes.
• Additional rights, such as to object to and request that we restrict our use of your personal information, and where applicable, you may withdraw your consent.

To make a request, please email us as provided in the “Contact Us” section below. We may ask for specific information from you to help us confirm your identity. California residents can empower an “authorized agent” to submit requests on their behalf. We will require authorized agents to confirm their identity and authority, in accordance with applicable laws. You are entitled to exercise the rights described above free from discrimination.

Limits on your choices. Your choices and rights may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a service you have requested, or our ability to comply with our legal obligations and enforce our legal rights. If you are not satisfied with how we address your request, you may submit a complaint by contacting us as provided in the “Contact Us” section below.

Complaints. If you are based in certain jurisdictions, you may lodge a complaint about how we handle your personal information with a supervisory authority, including in your country of residence, place of work, or where you believe an incident took place.

5.   International data transfers

We may transfer your personal information to countries that may not provide the same protections as the data protection laws where you are based. We endeavor to safeguard personal information that we transfer, including by binding service providers and other third parties that receive personal information from us to contractual protections. For more information on how we transfer your personal information and the safeguards we rely on, please contact us as set out in the “Contact Us” section below.

6.   Retention of personal information

We endeavor to retain personal information only for as long as is necessary to fulfil the purposes for which it was collected and processed, in accordance with our policies and with applicable laws, based on factors such as the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of personal information, the purposes for which we use personal information, and our regulatory obligations.

7.   Changes to this Privacy Notice

We reserve the right to modify this Privacy Notice at any time and we will notify you of any changes when required by applicable law.  

8.   Contact Us

The PCCP Investment Vehicle in which you are investing and the general partner (and its affiliates) of the Investment Vehicle are responsible for your personal information (as controllers, where provided under applicable law). PCCP is responsible for administering your privacy rights on the Investment Vehicle’s behalf. To exercise your privacy rights, please contact us as described below.

If you have any questions, comments or complaints about this Privacy Notice, our privacy practices, or if you would like to exercise your rights with respect to your personal information, please contact us by phone at 866-PCCP LLC, by email at compliance@pccpllc.com or write to us at:

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GLBA Consumer Privacy Notice