Privacy Policy

Last updated and effective as of March 9, 2023.

Commitment to Privacy

This Privacy Notice is provided by Moontower Group LP and its affiliates under its control, the funds we manage 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 in their individual capacity; 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).

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 Data (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”.

Personal Information Collected

Moontower may collect or otherwise process some or all of the following categories of Personal Information:

  • 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);

  • 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;

  • 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, details about navigation on the Website, and details about the individual’s browser or device, an 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);

  • Other Personal Information, such as date of birth and background check information; and

  • Inferences we generate based on the data above.

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.

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 the client or investor;

  • 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);

  • 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 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 fulfil 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.

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.

Disclosures of Personal Information

For the purposes described in the previous section, where permitted by applicable law, Moontower may share Personal Information in some or all of the following ways:

  • with the client or investor;

  • within Moontower and its affiliates;

  • with other entities that assist Moontower in carrying out the activities described above, including professional advisors, technology providers, auditors, administrators, registrars, depositaries and other service providers;

  • with regulatory bodies and governmental authorities;

  • with other participants in certain transactions with Moontower (for example, to assist a third party in discharging their legal obligations in respect of, for example, anti-money laundering legislation and to honor their legal right to obtain a recording of certain regulated calls or a copy of certain regulated electronic communications between Moontower and that third party);

  • with other third parties (such as litigants, or an acquirer or others connected with an acquisition or similar transaction involving Moontower); and

  • with agents, delegates, or related, associated or affiliated entities of the foregoing.

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.

Security of Personal Information

Moontower takes steps to restrict access to Personal Information, including various  physical, electronic, and procedural safeguards. 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. 

California Residents

This provision supplements the information contained above and applies solely to residents of California. You have the right to request that we disclose the following information to you about our collection, disclosure, and use of your personal information over the 12 months prior to the date of your request:

  • The categories of personal information we collect about you;

  • The categories of sources for the personal information we collect about you;

  • Our business or commercial purpose for collecting that personal information;

  • The categories of third parties with whom we share that personal information;

  • The specific pieces of personal information collected about you; and

  • If we disclosed your personal information for a business purpose, a list of the categories of personal information we have disclosed in the prior 12 months

You have the right to request that we delete any of your personal information that we collected and retained. 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.

To exercise the rights described above, you may submit a verifiable consumer request to us via the form at moontower.com/contact. 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 consumer request to verify the requestor’s identity or authority to make the request.

We will not deny services, charge different prices, offer a different quality of service, or otherwise discriminate against you for exercising these rights.

Cookies

We and third parties may collect information from your computer or other device by automated means such as cookies, web beacons, local storage, JavaScript, mobile-device functionality and other computer code. This information may include unique browser identifiers, IP address, browser and operating system information, device identifiers, other device information, Internet connection information, as well as details about your interactions with our Website (for example, the URL of the third-party website from which you came, the pages on our Website that you visit, and the links you click on in our Website). In some cases (such as cookies), the tools described here may involve storing unique identifiers or other information on your device for later use.

You may be able to set your browser to refuse certain types of cookies, or to alert you when certain types of cookies are being used. Some browsers offer similar settings for HTML5 local storage and other technologies. However, if you block or otherwise reject cookies, local storage, JavaScript or other technologies, some current or future interactive aspects of our Website may not function as expected.