Privacy Policy
Last updated and effective as of July 1, 2024.
Commitment to Privacy
This Privacy Notice is provided by Moontower Group LP and its affiliates under its control, the funds managed thereby and their general partner entities (collectively, “Moontower”, “we” or “us”). Moontower is committed to handling “non-public personal information” and “personal data” in accordance with applicable laws, rules and regulations.
Moontower recognizes and respects the privacy expectations of its website visitors, clients, investors and their affiliated individuals. Confidentiality and protection of non-public personal information and personal data are among its fundamental responsibilities. This Privacy Notice applies to “Relevant Individuals,” defined in this Privacy Notice as anybody acting in one of the following capacities:
A visitor to Moontower’s website located at moontower.com (the “Website”);
An “Individual Investor,” i.e., a natural person investing with us or otherwise acting as our client or investor in their individual capacity;
An authenticated user of our online portal for investors (“Investor Portal”); and
Any natural person affiliated with a client, investor or counterparty (such as an employee, director, officer, partner, member, shareholder, beneficial owner, affiliate, agent or representative).
Relevant Individuals do not include employees, independent contractors or job applicants.
This Privacy Notice is current as of the date hereof, but as circumstances or requirements change, Moontower may need to amend this Privacy Notice. Moontower will notify its then-current clients and investors of any material amendment by posting an updated version on the Website and/or taking other steps.
What We Need You to Do
Please provide this Privacy Notice to any Relevant Individuals whose Personal Information (as defined below) may be provided to Moontower. In addition, to the extent Moontower is provided with Sensitive Personal Information (as defined below), we recommend it is encrypted before being sent.
Key Concepts
“Personal data” is any information relating to an identified or identifiable natural person (as further defined in the Gramm-Leach-Bliley Act (“GLBA”) and other applicable laws and regulations relating to privacy, data protection, breach notification, or the processing of personal information) (collectively “Applicable Privacy Laws”). “Non-public personal information” is any personally identifiable financial information relating to natural persons that is not publicly available. We refer in this Privacy Notice to “non-public personal information” and other “personal data” together as “Personal Information”.
Notice at Collection: Personal Information Collected
Moontower may collect or otherwise process some or all of the following categories of Personal Information:
Personal identifiers, such as full name, residential address, and other contact information, as well as government-issued identification details (e.g., social security number, or details from a driver’s license, state identification card or passport); and
Protected class information, such as age and sex.
Commercial information, such as:
information about a Relevant Individual’s interests in funds (such as account balances and percentage interests);
other information about the Relevant Individual’s investments with us or other dealings with us;
other financial information (e.g., assets, net worth, income, investments, beneficial interests, investment history, bank account details, utility bills and other personal financial data);
Professional and employment information, such as education history and job title;
Internet or other electronic network activity information, including information collected by automated means when an individual visits the Website that may sometimes qualify as Personal Information, such as IP address (which is also a personal identifier), details about navigation on the Website, and details about the individual’s browser or device, and a unique identifier or other information that we or our partners may store or read on the visitor’s browser or device with cookie technology (details further below);
“Sensitive Personal Information”, such as background check information (e.g., Social Security number) or government-issued identification.
We have collected the same categories of personal information in the 12 months prior to the date of this Privacy Notice.
Where the client or investor is an individual, Moontower will usually collect this information directly from the individual. Where the client or investor is a corporate entity, Moontower will usually collect the information from the client or investor or their professional advisors or agents. In some cases, Moontower may receive the information from a third party, such as a background check provider.
Notice at Collection: Purposes for Collection and Uses of Personal Information
Moontower will use Personal Information for some or all of the following purposes:
on the basis of its legitimate interests in managing its relationship with or contacting the client or investor;
to provide information Relevant Individuals may request from us;
to service your—or your entity’s, if you represent an entity—account and provide services, including through the Investor Portal;
to provide client or investor support;
on the basis of its legitimate interests in managing its business operations and information technology resources (for example, managing internal directories and client relationship management systems);
to monitor or improve the Website, for internal analysis, to prevent fraud and activities that violate our Terms of Use or other contracts, or that are illegal;
to protect our rights and the rights and safety of other Relevant Individuals or parties;
on the basis of its legitimate interests in protecting Moontower, its employees, clients, investors, and others;
to address legal requirements (including laws designed to protect the integrity of the financial sector, which require measures such as anti-money laundering checks and the recording of calls and emails); and
for Moontower-related informational or marketing and advertising communications, where appropriate and permitted by applicable law, as part of Moontower’s legitimate business interest.
From time to time, Moontower may also use a Relevant Individual’s Personal Information in other situations, such as with the Relevant Individual’s consent.
The provision of certain Personal Information is necessary when it is needed for the purposes of entering into or servicing a contract or to receive the products or services or information requested, or to comply with applicable laws and regulations. Refusal to provide your information in such circumstances would make it impossible for us to provide the products, services or information requested or to fullfil our contract or other legal obligations. Please contact Moontower with any questions about whether the provision of any particular Personal Information is required in any particular case.
Notice at Collection: Categories of Personal Information We Sell, Share, or Use for Targeted Advertising
We do not sell Personal Information or share it for purposes of cross-context behavioral advertising.
Notice at Collection: Retention of Personal Information
The Personal Information we collect, including Sensitive Personal Information, will be retained for at least as long as necessary to satisfy the purposes for which it was collected and our legal obligations. As described above, these purposes include our business operations and complying with reporting, legal, tax and accounting obligations. In determining how long to retain information, we generally will consider the amount, nature and sensitivity of the information, the purposes for which we process the Personal Information and whether we can achieve those purposes in other ways, the applicable legal requirements, internal recordkeeping practices and/or our legitimate interests.
Because we may collect and use the same category of personal information for different purposes and in different contexts, there is not typically a fixed retention period that always will apply to a particular category of personal information.
Use or Disclosure of Sensitive Personal Information
We may collect Sensitive Personal Information as part of the investor diligence process for which we utilize a third-party service provider to perform required know-your-client activities. We do not use or disclose sensitive personal information to create profiles about or infer characteristics about individuals, or for any purposes other than providing our services.
Disclosure of Personal Information For Business Purposes In the Past 12 Months
The following chart describes the categories of Personal Information we disclosed to third parties for a business purposes in the 12 months prior to the date of this Privacy Notice.
Categories of Personal Information
Categories of Third Parties to Which We Disclosed Personal Information for Business Purposes
Personal identifiers: name, email address, your home or billing address, telephone numbers, IP address
Moontower’s service providers that process payments, verify client or investor information, manage client or investor information and provide client or investor service, facilitate email communications, provide security services and cloud-based data storage, host our website and assist with other IT-related functions, provide analytics information, and provide legal and accounting services.
Commercial and financial information: investment history
Moontower’s service providers that process payments, verify client or investor information, manage client or investor information and provide client service, facilitate email communications, provide security services and cloud-based data storage, host our website and assist with other IT-related functions, advertise and market our products, provide analytics information, and provide accounting services.
Internet or other electronic activity information: your device and browser type, your browsing and search history on our website, and information regarding your interaction with our website.
Service providers that provide security services and cloud-based data storage, host our website and assist with other IT-related functions, and provide analytics information.
Professional information: education history; job title
If you are employed by or represent a client or commercial partner—service providers that manage client or commercial partner contact information.
Sensitive Personal Information: background check information (e.g., Social Security number) and/or government-issued identification,
Service providers that perform prospective investor diligence, know-your-client activities, and anti-money laundering activities.
We do not offer an option to limit our sharing with these third parties, including non-affiliated entities, because the information is shared for our everyday business purposes.
Business Purposes for Such Disclosures
We disclosed the aforementioned categories of Personal Information to the categories of third parties identified above for the following purposes: to manage client or investor and vendor accounts and relationships; to process payments; to verify clients’ or investor’s identities; to engage in advertising and marketing on our behalf to offer our products and services to you, to operate and secure our IT systems; to prevent fraud and other illegal activities; and to obtain professional advice about legal and accounting matters.
Additional Information About How We May Disclose Personal Information and Purposes for Disclosures
To Affiliates. We may share Personal Information, including information about Relevant Individuals’ transactions and experiences, with our affiliates for everyday business purposes, such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus. Because we only share your Personal Information to affiliates for everyday business purposes, you do not have the option to opt out of such sharing.
Other Circumstances. We may also disclose Relevant Individuals’ Personal Information as required or permitted by law to comply with a subpoena or similar legal process or government request, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property or the rights, property, or safety of others, including to law enforcement agencies, and judicial and regulatory authorities. We may also disclose Relevant Individuals’ Personal Information to third parties to help detect and protect against fraud or data security vulnerabilities. And we may disclose or transfer Relevant Individuals’ Personal Information to a third party in the event of an actual or potential sale, merger, reorganization of our entity or other restructuring. Relevant Individuals’ do not have a right to limit sharing for these purposes.
We do not share Relevant Individuals’ Personal Information with third parties for those third parties’ own marketing purposes.
From time to time, Moontower may also share a Relevant Individual’s Personal Information in other situations, such as at the Relevant Individual’s request.
Cookies and Analytics
We may use cookies, pixel tags, web beacons and other similar tracking technologies (“tracking technologies”) to automatically collect information through the Website. Tracking technologies may be, for example, snippets of code that run on the Website or small data files placed on your computer, tablet, mobile phone, or other devices that record certain pieces of information when you visit the Website. We may use these tracking technologies to help identify irregular behavior, to prevent fraudulent activity and to improve security, as well as to make it possible for you to save your preferences and help us understand how you interact with the Website.
We may also utilize third-party tracking technologies on the Website for analytics purposes. These technologies help us understand how users interact with the Website, and the third parties that provide them agree not to sell or disclose any of the usage information they capture (except to subcontractors who assist in providing the service). These third parties are our service providers and they may use certain technologies to record your interactions with the Website, including without limitation, your keystrokes and mouse clicks, and information about when, how and from where you accessed the Website. This information is used to help us manage the Website and to optimize the user experience.
You may set your browser to notify you when you receive a certain type of tracking technology, a cookie. Many web browsers also allow you to block cookies. You can disable cookies from your computer system by following the instructions on your browser or at www.youradchoices.com.
Personal Information of Minors
Our services and the Website are not directed to minors under the age of 18 and we do not knowingly sell or share for purposes of behavioral advertising the Personal Information of minors, including minors under 16 years of age.
Do Not Track Signals
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals.
Third Party Websites
Our Website may contain links to third-party websites. This Privacy Notice does not govern how those third parties collect or use personal information and we do not endorse or have control over their practices. The privacy policies and terms of use for those third parties’ websites/apps govern those companies’ privacy practices. We are not responsible for the content or privacy practices of any third-party websites or platforms.
Security of Personal Information
Moontower takes steps to restrict access to Personal Information, including various physical, electronic, and procedural safeguards. We implement and maintain reasonable security procedures appropriate to the nature of the Personal Information we collect, use, retain, transfer, and otherwise process. The specific security measures Moontower uses in a particular context depend on that context, but Moontower draws from measures such as access controls, malware defenses, encryption, and various monitoring strategies. There is no perfect security, however, and reasonable security is a process that involves risk management rather than risk elimination. While we are committed to maintaining a reasonable information security program, no such program can be perfect; in other words, all risk cannot reasonably be eliminated. Data security incidents and breaches can occur due to factors that cannot reasonably be prevented. Accordingly, it cannot be assumed that the occurrence of any given incident or breach results from our failure to implement and maintain reasonable security.
Changes to this Notice
Moontower will review and update this Privacy Notice from time to time. If changes are made, we will update the Privacy Notice and reflect the date of such modification in the date above. If the changes are material, you will be notified via email or a notice on the Website.
Accessibility
To make accessibility-related requests or report barriers, please contact us at contact@moontower.com.
Contact Us
If there are any questions regarding this Privacy Notice or to request a copy of this Privacy Notice in another format you may contact us at contact@moontower.com.
California Residents
If you are a Relevant Individual and a California resident, the California Consumer Privacy Act (“CCPA”) and other laws provide you with the following rights with respect to personal information we collect and process about you:
Right To Know
You can ask us for the following information from us with respect to the Personal Information we have collected about you since January 1, 2022:
· Specific pieces of Personal Information we have collected about you;
· Categories of Personal Information we have collected about you;
· Categories of sources from which such Personal Information was collected;
· Categories of Personal Information that the business disclosed for a business purpose about the consumer;
· Categories of third parties to whom the Personal Information was disclosed for a business purpose; and
· The business or commercial purpose for collecting your Personal Information.
Right To Delete
Upon your request and subject to exceptions in the law, we will delete the Personal Information we have collected about you. We will, however, not delete your information if we need it (i) to fulfill our obligations to you, (ii) to comply with legal and regulatory obligations, (iii) to protect the security or functionality of our operations, or (iv) for certain other reasons in accordance with applicable law or regulation.
Right to Correct
You have the right to request that we correct Personal Information we hold that you believe is not accurate. We will take steps to determine the accuracy of the Personal Information that is the subject of your request to correct, and in doing so will consider the totality of the circumstances relating to the Personal Information you have identified as being incorrect. We may ask that you provide documentation regarding your request to correct to assist us in evaluating the request.
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, as defined under that statute) disclosed to third parties for a third party’s own direct marketing purposes in the preceding calendar year. We do not disclose Personal Information (including as defined under the Shine the Light law) to third parties for such a purpose.
Our Commitment to Honoring Your Rights
If you exercise any of the rights explained in this Privacy Notice, we will continue to treat you fairly. If you exercise your rights under this Privacy Notice, you will not be denied or charged different prices or rates for services, or provided a different level or quality of services than others.
Exercising Your Rights and How We Will Respond
To exercise your rights to know, delete, or correct your Personal Information, you may submit a verifiable client or investor request to us via the form at moontower.com/contact or call 888-591-5030. The request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information and it must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will only use Personal Information provided in a verifiable client or investor request to verify the requestor’s identity or authority to make the request.
We will first acknowledge receipt of your request within 10 business days of receipt of your request. We will then provide a substantive response to your request as soon as we can, generally within 45 days from when we receive your request, although we may be allowed to take longer to process your request in certain jurisdictions or under certain circumstances. If we expect your request is going to take us longer than normal to fulfill, we will let you know.
Verification of Identity – Requests to Know, Delete or Correct
We will ask you for two pieces of Personal Information and attempt to match those to information that we maintain about you.
If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to the request. We will notify you to explain the basis of the denial.
Authorized Agents
You may designate an agent to submit requests on your behalf. The agent can be a natural person or a business entity.
If you would like to designate an agent to act on your behalf, you and the agent will need to comply with our verification process. If the agent submits a request, the agent will need to provide us with your signed permission indicating the agent has been authorized to submit the request on your behalf. We will also require that you verify your identity directly with us or confirm with us that you provided the agent with permission to submit the request.
Please note that this subsection does not apply when an agent is authorized to act on your behalf pursuant to a valid power of attorney. Any such requests will be processed in accordance with California law pertaining to powers of attorney.