Effective December 5, 2023

1. Background

1.1 Element Capital Management LLC, Element Capital Partners LLP and other members of the Element Capital group (“Element", "we," "us" or "our") collect and use certain Personal Information (as defined below). Element is responsible for ensuring that it uses that Personal Information in compliance with applicable privacy and data protection laws.

1.2 Element is committed to respecting your privacy and keeping your Personal Information secure. This Privacy Policy describes how we collect, use, share and disclose Personal Information through your use of our website www.elementcapital.com (“Site”) and, except as otherwise described in this Privacy Policy, in connection with our business and/or investment-related interactions with you.

1.3 Please note that if you are an investor in a fund or the holder of an account managed directly or indirectly by us (or in either case, their representative), please refer to the “Investor Privacy Notice” in the subscription agreement signed in connection with such investment(s) (or as otherwise provided or made available to you) for further information about how we collect and process Personal Information about our current, prospective and former investors.

1.4 BY UNDERTAKING BUSINESS OR INTERACTING WITH ELEMENT, EITHER DIRECTLY OR THROUGH AN ORGANISATION WITH WHICH YOU ARE ASSOCIATED, PROVIDING YOUR PERSONAL INFORMATION TO ELEMENT OR OTHERWISE USING OUR WEBSITE, YOU ACKNOWLEDGE THAT WE MAY COLLECT AND PROCESS YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

1.5 In this Privacy Policy, “Personal Information” means any data which relates to a living individual who can be identified from that data or from that data and other information through means that are reasonably likely to be used by Element or by another person (including its representatives or service providers). In addition to factual information, it includes any inferences or expression of opinion about an individual and any indication of the intentions of Element or any other person in respect of an individual. Depending on where you are located, Personal Information may also be known as “personally identifiable information” or “personal data”.

2. Third Party Websites

The Site may link to third party websites or services not owned or controlled by Element. Please note that this Privacy Policy does not apply to those third party websites or services and Element is not responsible or liable for the data collection practices of any third parties. If you are registered to use our investor portal (currently hosted by Intralinks), your use of such investor portal is governed by the terms of the Intralinks privacy policy and the Element investor privacy notice made available to Element’s investors.

3. The Types of Personal Information We Collect and Use

We collect, use, store and transfer different types of Personal Information about you as described below:

(A) Personal Information You Provide To Us: such information may include:

(1) Identifiers, such as first name; family name; email address; phone number(s); address; city; postcode; country; professional or job title; employer name and/or place of work;

(2) Any information that you choose to share with us (whether through the Site or otherwise, including any comments or other content you submit to us) which may be considered Personal Information;

(3) Marketing communications information, such as your preferences in receiving marketing communications from us; and

(4) If you have an investor account, we collect your login information, including your username and password, which we use to facilitate access to the investor portal.

(B) Information That We Collect or Generate About You: such information may include:

(1) Commercial information, including information about our business relationship with you and our interactions with you;

(2) Information you submit in identifiable comments or other content to us. We use this information to communicate with you if requested, and otherwise fulfil the purpose of the content submission;

(3) Inferences that we may draw about you, such as your investment preferences; and

(4) Information about your role, experience and title within an organization.

(C) Information We Collect From Other Sources: such information may include:

(1) Information from publicly available sources (including third party agencies such as fraud prevention agencies; public databases; sanctions lists and other publicly available sources); and

(2) Employment information and other AML, KYC, and other regulatory compliance information obtained from background screening providers.

(D) Information We Collect Automatically: such information may include:

(1) Certain internet activity information collected automatically about how you interact with the Site, through cookies, web server logs and other similar tracking technologies (discussed further below in section 6, “Cookies and Related Technologies”). This information may include IP addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp and/or clickstream data, as well as usage information, such as information about how you use the Site and our products and services and the frequency of your use of the Site. We use this data for purposes such as security, fraud detection, protecting our rights and for improving the Site and our services.

In addition to the categories of Personal Information described above, we may also process further anonymized, aggregated or statistical information and data that does not directly or indirectly reveal your identity (“Other Information”). We reserve the right to use Other Information for any purpose.  For example, we may aggregate your Site usage information to calculate the percentage of users accessing a specific Site feature. However, if we associate Other Information with Personal Information, we will treat the combined information as Personal Information in accordance with this Privacy Policy.

4. How We Use Your Information

4.1 We will use your Personal Information in accordance with applicable privacy and data protection laws. Your Personal Information may be processed by us in the following ways and for the following purposes:

(A) Where necessary for us to enter into or to perform a contract with you (or any organization with which you are associated), or to take steps at your (or their) request prior to entering into a contract – for example, to provide information or services you have requested, to provide user support or to respond to your requests and inquiries;

(B) Where necessary for the purposes of our (or a third party’s) legitimate interests, including to operate and facilitate our business and services; communicate with you; undertake business management, planning, statistical analysis, market research, surveys and marketing activities; contact you about products or services that may be of interest to you or us, new product or service announcements or event invitations; promote our business; create, improve and develop our products and services and the operation of our business; administer and maintain our core records, IT systems and databases storing Personal Information; protect our rights and interests; investigate and resolve disputes; ensure the security of our assets, systems and networks; prevent, detect, investigate or provide notice of fraud, unlawful or criminal activities in relation to the Site or our services; investigate and resolve disputes and security issues, and to enforce our legal rights; and enforce our policies and terms and conditions;

(C) Where required by applicable laws and regulations, including laws relating to know-your-client requirements, tax, the prevention of money laundering, fraud, terrorist financing and sanctions; and/or

(D) In order to establish, exercise or defend our legal rights or for the purpose of legal proceedings.

4.2 In some circumstances, we may process your Personal Information where we have received your consent to do so. In such circumstances, you have the right to withdraw that consent at any time.

4.3 We will not subject persons to automated individual decision-making, including profiling, which produces legal effects on that person without the potential for human review and intervention.

5. When We May Share Information With Third Parties

5.1 We may share your Personal Information described above with other entities within the Element group for the purposes described above. In such circumstances, your Personal Information will be processed in accordance with this Privacy Policy.

5.2 We may also share your Personal Information described above outside of the Element group for the following purposes:

(A) Service Providers: We may share your Personal Information with third party agents and contractors for the purposes of providing services to us (for example, accountants, auditors, professional advisors, consultants and IT and communications providers). These third parties will be subject to appropriate data protection obligations and they will only use your Personal Information as described in this Privacy Policy;

(B) Business Partners: For example, this could include intermediaries that introduced you to us or through whom you transacted or engaged with Element;

(C) Legal Process, Safety and Terms Enforcement: We may disclose your Personal Information to the extent required by law, for example if we are under a duty to disclose your Personal Information to any legal or government regulatory authorities in response to their requests for such information or to assist in investigations. We may also disclose your Personal Information to third parties in connection with claims, disputes or litigation, when otherwise required by law or regulation, or if we determine its disclosure is necessary to protect you or us, or to enforce our legal rights or contractual commitments that you have made; and

(D) Business Transfers: Your Personal Information may be disclosed as part of a corporate business transaction, such as a merger, acquisition, joint venture, reorganization or financing or sale of company assets, and could be transferred to a third party as one of the business assets in such a transaction. It may also be disclosed in the event of insolvency, bankruptcy or receivership.

5.3 We do not sell personal information, and we have not done so for the twelve months preceding the effective date of this policy.

6. Cookies and Related Technologies

6.1 “Cookies” are small text files that are stored by a user’s web browser on their device in order to recognize the device used to access a website.  Cookies can remember what information a user accesses on one website to simplify subsequent interactions with that website by the same user or to use the information to streamline the user’s transactions on related websites. Cookies are designed to make your online experience easier and more personalized.

6.2 We use cookies and other related technologies to operate the Site, manage login sessions, address technical issues, help you help you move between websites in a smooth and secure manner, gather information when users navigate through the Site to enhance and personalize the experience, to understand usage patterns, and to improve our Site and its performance. You can change your browser settings to notify you of the cookies being set or updated, and to block cookies. Please note that if you have turned off all cookies (particularly essential cookies), some features of the Site may not be available to you or otherwise function as intended.

6.3 Information gathered through cookies may include the date and time of visits to the Site, IP addresses, the pages viewed, time spent at the Site, the websites visited just before and just after the Site and information about the device and software used to access the Site. 

Our Site may use the following types of cookies:

  • Essential/Strictly Necessary Cookies: These cookies are necessary for the Site to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the Sites will not then work.

  • Analytics/Performance Cookies: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our Site. They help us know which pages are the most and least popular and see how visitors move around the Site. Information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our Sites.

6.4 To control Cookies, you can review your Internet browser settings, typically under the sections "Help" or "Internet Options," to exercise choices you have for certain Cookies.  If you disable or delete certain Cookies in your settings, you may not be able to use features of the Site.  To learn more about cookies and how to manage or reject them on different types of browsers, you can visit the website www.allaboutcookies.org.

6.5 To learn more about the use of Cookies by Google for analytics and to exercise choice regarding those Cookies, please visit: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage#analyticsjs to review their latest cookie details.

6.6 While the Google Analytics cookies used on the Site do not identify you as an individual (all data is collected and aggregated anonymously),  if you would like to opt out of the aggregation and analysis of data collected about you on the Site by Google Analytics, visit https://tools.google.com/dlpage/gaoptout and download and install the Google Analytics Opt-out Browser Add-on.

6.7 We do not currently recognize or respond to browser-initiated Do Not Track signals.

7. How We Protect Personal Information

7.1 We are committed to maintaining the confidentiality, integrity and security of your Personal Information and take precautions to protect such information.  These precautions include the adoption of certain physical, electronic and procedural safeguards and procedures designed to maintain and secure your Personal Information from inappropriate disclosure in accordance with applicable laws and regulations.

7.2 We restrict access to Personal Information to those employees and agents of Element who need to know that information in order to provide our services.  Where we disclose such information to our service providers, we require such service providers to protect the confidentiality of your Personal Information and to use the information only for purposes for which it is disclosed to them.

8. International Transfer of Personal Information

8.1 Because the internet and our operations are global, Personal Information may be transferred to, processed in and held in countries (including the United States) other than the one in which you reside. Such transfers are a necessary part of the services that we provide.

While some jurisdictions do not consider the United States and many other countries to provide essentially equivalent privacy protections, to the extent required by, and in accordance with, applicable privacy and data protection laws, we rely on appropriate or suitable safeguards to ensure that any such international transfers of Personal Information are lawful, including:

  • where the country that we send the data to has been approved by the applicable supervisory authorities as offering an adequate level of protection for Personal Information;

  • where the recipient has signed up to a contract based on “standard contractual clauses” in the form approved by the applicable supervisory authorities, obliging them to protect your Personal Information; obtaining your consent to transfer Personal Information after first informing you about the possible risks of such a transfer; or

  • in other circumstances the law may permit us to otherwise transfer your Personal Information, including where the transfer is necessary (i) for the performance of (or to enter into) a contract between you and Element, or Element and a third party, and the contract was entered into in your interest; or (ii) to establish, exercise or defend legal claims.

8.2 You can obtain more details of the protection given to your Personal Information when it is transferred outside the United Kingdom or the European Economic Area (including, where applicable, a copy of the standard contractual clauses which we have entered into with recipients of your Personal Information) by contacting us as described in section 15 below.

9. How Long We Keep Your Personal Information

9.1 We will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy, or as long as we are legally required or permitted to do so (subject, under certain circumstances, to any right you may have to have your Personal Information erased).

9.2 When deciding how long to retain your Personal Information, we take into account our legal and regulatory obligations; the amount, nature and sensitivity of the Personal Information; the potential risk of harm from unauthorized use or disclosure of your Personal Information; the purposes for which we process your Personal Information described above and whether we can achieve those purposes through other means. We may also retain your personal information to investigate or defend against potential legal claims in accordance with the limitation periods of countries where legal action may be brought.

10. Your Rights

10.1 Individuals in various jurisdictions may have certain data subject rights. These rights vary and may be subject to certain limitations, but they may include the right to: (i) request access to and rectification or erasure of their Personal Information; (ii) restrict or object to the processing of their Personal Information; and (iii) obtain a copy of their Personal Information in a portable format. Individuals may also have the right to lodge a complaint about the processing of Personal Information with a data protection regulator or supervisory authority.  If you make a request related to Personal Information about you, you may be required to supply a valid means of identification as a security precaution. We will process your request within the time provided by applicable law.

10.2 Where these rights apply, in most cases, you can exercise them free of charge.

10.3 You can exercise your rights by emailing compliance@elementcapital.com with the phrase “Data Subject Rights” in the subject line. You may also call us at +1-212-993-7000.

10.4 If you wish to exercise your rights, we may need to verify your identity. To do so, we will request that you match specific pieces of information you have provided to us previously, as well as, in some instances, provide a signed declaration under penalty of perjury that you are the individual whose Personal Information is the subject of the request. If it is necessary to collect additional information from you, we will use the information only for verification purposes and will delete it as soon as practicable after complying with the request. For requests related to particularly sensitive information, we may require additional proof of identification.  If you make a request through an authorized agent, we will require written proof that the agent is authorized to act on your behalf.  We will process your request within the time provided by applicable law.

10.5 We do not discriminate against you, for example, by offering a different level of service, for exercising any of these rights.

11. Changes to Your Personal Information

11.1 You are not required to supply any of the Personal Information that we may request, except where such information is necessary for the performance of (or to enter into) a contract with you or is otherwise required by applicable law.  However, failure to do so may result in our being unable to accept your business, provide services or otherwise engage with you.

11.2 In order to help ensure that all information we hold about you is accurate, complete and up to date, please notify us using the contact details listed in section 15 below if there are any significant changes to your Personal Information (for example, change to your name or contact details).

12. California Shine the Light Disclosure

California’s “Shine the Light” law permits California residents to annually request and obtain information free of charge about what personal information is disclosed to third parties for direct marketing purposes in the preceding calendar year.  We do not distribute your personal information to outside parties without your consent for their direct marketing.

13. Changes to This Policy

13.1 Element reserves the right to change this Privacy Policy from time to time, and if we make any material changes in the way we use your Personal Information, we will notify you by posting a revised policy on the Site and updating the effective date above.  You should therefore check this page frequently to ensure that you have reviewed and understand any such changes.

13.2 If you do not agree to our policy regarding the use of your Personal Information, you must notify us that you wish to cease your interactions with us and not continue to use or access the Site. Undertaking business or interacting with Element, or continuing to do so, either directly or through an organization with which you are associated, providing your Personal Information to Element or otherwise accessing or using our Site will indicate your acknowledgment of the then current policy.

14. Children’s Privacy

The Site is not directed toward children under the age of 18. We do not promote our products or services online to minors, and we do not intentionally collect any Personal Information from any person under 18. If we become aware of having collected personal information from children under the age of 18 without valid consent from their respective parent(s) or guardian(s), we will delete is as soon as practicable.

15. How to Contact Us

15.1 If you have any questions or concerns about Element’s handling of your Personal Information, or about this Privacy Policy, please contact us using the following contact information:

Element Capital Management LLC

Address: 520 Madison Ave., 43PH, New York, NY 10022
Email Address: compliance@elementcapital.com
Telephone: +1 (212) 993 7000

Element Capital Partners LLP
Address: 14 Curzon Street, London W1J 5HN
Email Address: compliance@elementcapital.com

15.2 We are usually able to resolve privacy questions or concerns promptly and effectively. If you are not satisfied with the response you receive from us, you may escalate concerns to the applicable privacy regulator or supervisory authority in your jurisdiction.