TO BE UPDATED: August 15, 2022
Thank you for your interest in Institutional Capital Network, Inc., and our affiliates and subsidiaries, including iCapital Securities, LLC, Axio Financial LLC, and iCapital Advisors, LLC (collectively, “iCapital,” “we,” or “us”). iCapital owns, licenses, or operates certain websites, applications and platforms (each a “Site”) that are publicly available to end users (“End-Users”). We also provide financial products, tools, and services that are primarily intended for use by financial advisors, broker-dealers, wealth management organizations, certain investors and other investment professionals (collectively, “Investment Professionals”) (collectively, the “Financial Services”). This Privacy Policy describes how we collect, use, disclose and protect information from and about you through our Sites, Financial Services, and any other interactions (e.g., customer service and other communications) that you may have with iCapital (collectively, the “Services”).
PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.
When providing OUR financial Services, iCapital is considered a “financial institution” pursuant to the federal Gramm-Leach Bliley (GLB) Act, and IN SUCH CIRCUMSTANCES iCapital shall collect, process, and retain personal information in accordance with the GLB Act and any and all implementing regulations thereto that are applicable to the FINANCIAL Services.
- Scope and Key Terms
This Privacy Policy applies to personal information that iCapital processes during its business operations as a “data controller,” which means the activities for which we determine the purpose and means of processing such personal information. If iCapital has contractually agreed to act as a “data processor” on behalf of a data controller, iCapital’s use of personal information will be governed by the written agreement with the data controller. The term “you” refers to the End-User accessing or using our Site, including any Investment Professional who accesses the Services.
For purposes of this Privacy Policy, the term “personal information” means any information that, alone or in conjunction with other information or data, identifies or is linked to a particular individual, household, or device and that is subject to, or otherwise afforded protection under, a data protection law, statute, or regulation. The term “personal information” does not include anonymized or de-identified data that is not attributable to a particular individual, household, or device and that is not otherwise subject to a data protection law, statute, or regulation.
- The Types and Categories of Personal Information We Collect
iCapital collects personal information in order to provide our Services, comply with our legal obligations, promote our business interests, and for the other reasons set forth in this Privacy Policy. When you do not provide personal information to iCapital, we may not be able to provide you certain Services or complete a transaction you requested. Generally, we collect the following types and categories of personal information in connection with the Services:
| Category | Description/Examples |
| Personal Identifiers | Contact data, such as your name, residential/postal address, email address, telephone number, fax number. |
| Professional Information | Professional information such as the name and address of the company you work for and your title. |
| Registration Data | Information provided when you register for an account to use the Site or Services, including usernames and passwords. |
| Customer Verification Data | Information collected for customer verification and other legal purposes that is protected by federal or state law, including your nationality, place and date of birth, and passport number. |
| Online Identifiers (see “Technical Data” below) | Persistent identifiers that can be used to recognize a device accessing our Site over time and across different Services, including a device identifier, an Internet Protocol (IP) address, cookies, beacons, pixel tags, mobile ad identifiers, and similar technology. |
| Commercial Information | Records of the Services you purchased, obtained, or considered, or your other purchasing or consuming histories or tendencies with respect to our Services. |
| Business Contact Data | Information related to employees, owners, directors, officers, or contractors of a third-party organization (e.g., business, company, partnership, sole proprietorship, nonprofit, or government agency) with whom we conduct, or possibly conduct, business activities. |
| Financial and Corporate Information | Information about your organization, including tax information, bank account details, source of funds, and details related to your investment activities. |
| Marketing and Communications Data | Information with respect to your marketing preferences and your subscriptions to our publications, blogs, demos, and alerts. |
| Internet and Electronic Network Data | Data pertaining to your access to or use of the Site, including browsing history, search history, and information regarding your interaction with the Site or advertisements embedded on the Site or other third-party websites. |
| Feedback | Information and communications you provide about our Site, Services or business, which may include data gathered from the surveys or reviews you submit to us. |
| Geolocation Data | Information about the general city, state, or region in which a user of the Site is located. |
| Audio or Visual Information | Information from audio or video recordings of events, calls or other communications. |
| Inferences | Inferences drawn from some of the personal information categories identified herein and used to create a consumer profile reflecting your purchasing and marketing preferences, characteristics, and behavior. |
3. Technical Data
When you access the Site, we collect certain data automatically, using technical means and tools. This data relates to your device and your experience on the Site and other websites, including the following:
Usage and Device Data. When you access and use the Site, we automatically collect details of your access to and use of the Site, including traffic data, usage logs and other communication data, and the resources that you access and use on or through the Site (e.g., browsing history, search history). We may also collect information about your device and internet connection, including the device’s unique identifier (e.g., device type, IMEI, Wi-Fi MAC, IP address), operating system, browser type, and mobile network information. The Site may collect “diagnostic” data related to your use of the Site, such as crash data and logs, performance data (e.g., launch time, hang rate, or energy use), and any other data collected for the purposes of measuring technical diagnostics.
Cookies and Tracking Data. We use “cookies” and other tracking technologies within the Site. A cookie is a small file placed on your smartphone or other device. It may be possible to refuse to accept cookies by activating the appropriate setting on your smartphone or device. However, if you select this setting, some parts of the Site may become inaccessible or not function properly. In addition, the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to analyze data on your use of the Site (e.g., recording the popularity of certain content and verifying system and server integrity). The Site may collect data about the advertisements you have seen or engaged. For more information, see our Cookie Policy.
4. Sources of Information
We collect the personal information identified herein directly from you when you use our Services, through automated means when you are using the Site, and from third parties. Specifically, we collect personal information from the following sources:
First Party / Direct Collection. We collect personal information directly from you when you use our Services (e.g., account registration, completing purchases, signing-up to receive marketing), or whenever you directly engage with us, such as when you visit our offices or premises, call us directly or otherwise contact us.
Automated Collection. As described above, we may collect information and data, such as usage data and cookies, through automated means when you use the Site (see “Technical Data” above).
Third-Party Sources. We collect personal information from third parties, such as publicly available databases, social networking providers, advertising companies, our service providers, and third-party references. Investment Professionals provide us personal information on their clients, investors, and similar individuals.
5. How We Use Your Personal Information
Generally, we use the personal information we collect about you in order to perform our Services, respond to your questions and concerns, comply with our legal obligations, and promote our business interests, including to undertake the following:
Provide Services. Where it is necessary for the performance of our rights and obligations under a contractual agreement and/or the constitutional and operational documents of an investment fund (a “Fund”), such as managing and administering holdings, including assessing and processing subscriptions and withdrawals/redemptions, communicating with investors about holdings and account-related activities on an ongoing basis, and updating and maintaining records and providing accounting records.
Legal and Regulatory Compliance. Where it is necessary for compliance with a legal and regulatory obligation to which the Fund is subject, such as compliance with anti-money laundering and FATCA/CRS or equivalent requirements, offering of securities, and otherwise to screen transactions for fraud prevention, anti-money laundering purposes, and the prevention of crime and the reporting of appropriate tax-related information to tax authorities.
Customer Relations. To manage and maintain relationships and for ongoing customer service.
Business Enhancements. For the development, modification, and improvement of our Site and Services, including enhancements to existing products and services.
Liquidity. To provide liquidity to our investors (e.g., making payments to designated accounts).
Training and Research. To facilitate filing of continuing education credits, and to support industry education and research.
Legal Protections and Reporting. For the investigation into potentially available legal rights, for assertion of our legal rights, to perform financial and regulatory accounting and reporting, and for quality control and regulatory compliance, business analysis, training and related purposes, consistent with our legitimate interests.
Satisfy Legitimate Interests. For our other legal, personnel, administrative and management purposes and where it is necessary for purposes of our legitimate interests when such interests are not overridden by your interests, fundamental rights or freedoms.
Consent. We may use personal information for other purposes when we have properly authorized consent.
Aggregate/De-Identified Information. We may aggregate and/or de-identify any information collected through our Services so that such information can no longer be linked to you or your device. We may use such information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, partners, and sponsors.
6. How We Share Your Personal Information
We may share your personal information with certain organizations and third parties in accordance with applicable law, including as set out below:
Intra-Group Sharing. We may, from time to time, share personal information with our affiliates and subsidiaries in order to provide or improve our Services, or support our business operations (e.g., in a role of a service provider).
Mutual Business Partners. As part of our Services, we share personal information with third-party organizations that are providing a common or related financial service directly to you.
Service Providers. In order to provide our Services, we share personal information with companies that provide services on our behalf, such as hosting and analyzing the Site, conducting surveys and marketing on our behalf, processing transactions (including financial transactions), tracking and responding to questions or complaints, and performing analyses to improve the quality of our Services.
Fund Delegates. As part of our Services, iCapital shares personal information related to a Fund with the Fund’s service providers, such as the Fund’s accountants, attorneys, consultants, liquidity providers, and other professionals, who use such personal information to provide their services to the Fund (e.g., discharge the legal or regulatory requirements that apply directly to the Fund).
Sponsors. Some of our Services allow Investment Professionals to share personal information of their clients, firm members, and others with the sponsors with whom they have a signed selling agreement, and such personal information generally includes business contact data and personal identifiers (e.g., name, title, business address, email, and date of birth). Investment Professionals are given the option to opt out of such sharing entirely or to limit the sharing to specific categories of information.
Business Restructuring. Circumstances may arise where, for strategic or other business reasons, iCapital decides to sell, buy, divest, merge or otherwise reorganize our businesses. We may disclose your personal information to the extent reasonably necessary to proceed with the negotiation or with the completion of a merger, acquisition, divestiture or sale of all or a portion of iCapital’s assets.
Legal and Compliance. We may disclose personal information if required by law or government order, or to comply with a legal process, such as to the Cayman Islands Monetary Authority or Tax Information Authority, or to the U.S. Securities and Exchange Commission or other applicable regulatory authority. They, in turn, may exchange this information with foreign authorities, including tax authorities.
Disclosure for Other Reasons. We may disclose personal information with any third party when we believe such disclosure is necessary to defend or protect our legal, regulatory, or business interests, or, in urgent circumstances, to protect the health and personal safety of any individual.
With Your Consent. If you consent or direct us to share information with a third-party partner (including Funds) or other entity, then we may share your personal information in accordance with your direction.
7. Social Media
Like many organizations, iCapital has a presence on various social media platforms (e.g., Facebook, Twitter, Pinterest, Instagram). If you contact us on a social media platform using a direct message tool therein, we may respond to you in the same manner. Any use of a social media platform is also subject to the policies and terms of the relevant social media platform, and iCapital has no control over such platform’s use of your information. Certain social media platforms may also automatically provide us with personal information, and the information we receive will depend on the terms that govern your use of the social media platform and any applicable privacy settings. The Site may include social media features and widgets (e.g., the “Facebook Like” button, the “Share This” button) or interactive mini-programs that run on the Site. These features may collect IP addresses and which Site webpage you are accessing and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly by us on the Site.
8. Links to Other Websites; Your Direct Third-Party Disclosures
The Site may, from time to time, include links to third-party websites or enable individuals the opportunity to disclose information directly to third parties. This Privacy Policy does not apply to such third-party websites or organizations. You assume all privacy, security, and other risks associated with providing any data, including personal information, to third parties via the Services. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy statements, if any, provided by those third parties.
9. Data Retention
We keep your information for no longer than necessary for the purposes for which it is processed or as required by applicable law. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws. For example, we retain personal information derived from our Financial Services for a minimum period of seven (7) years from the date on which an investor withdrawals/redeems all of its shares or units in the relevant Fund or for as long as required to perform ancillary services related thereto, or to comply with applicable legal or regulatory obligations.
10. International Users
iCapital is based in the United States, and the personal information that we collect and process is retained and stored by us and our service providers in the United States and may also be maintained, processed, and stored in other jurisdictions that may have different data protection laws than those in your country of residence. In the event that your information is transferred in these ways, please note that we comply with applicable legal requirements governing the transfer of information across borders, including through the use of standard contractual clauses as required by the EU and UK when transferring personal data outside the EEA or UK.
11. Security
We use appropriate technical, security and organizational measures designed to protect the security of your personal information and your personal information from unauthorized access, use, or disclosure.
12. Children’s Privacy
The Services are intended for general audiences and not for children under the age of 13. If we become aware that we have inadvertently collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without valid parental consent, we will take reasonable steps to delete it as soon as possible. We also do not knowingly process data of EU residents under the age of 16 without parental consent. If we become aware that we have collected data from an EU resident under the age of 16 without parental consent, we will take reasonable steps to delete it as soon as possible. We will take the same approach in other jurisdictions if we become aware that we have collected personal information without an applicable required parental consent.
13. Marketing Communications
If, in accordance with applicable legal requirements, we send you marketing communications regarding our Services, or the services of third parties that we believe will be interesting to you, you can ask us to stop sending such communications at any time by contacting us using the information in the “Contact Us” section below. In our marketing email messages, you can also opt out by following the instructions located at the bottom of such emails. Please note that while we will stop sending you marketing communications on your written request, we may still send you certain information regarding your account with us, transactional communications, and legal notices. For example, you may not opt out of receiving emails confirming your requests or providing you with updates regarding our Privacy Policy or other terms.
14. Additional Detail for California Residents
If you are a California resident, California law requires us to provide you with some additional information regarding how iCapital collects, uses, and shares your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)). Please note the CCPA’s scope excludes personal information covered by certain financial services-specific privacy laws, including the Gramm-Leach-Bliley Act (GLBA) and California Financial Information Privacy Act (FIPA). Our separate Privacy Notice that is provided to investors applies to this excluded data.
Depending on how you interact with our Site and Services, we may collect the following categories of information from you, in addition to the information we collect in connection with providing financial products and services:
Identifiers (such as your name and contact information, IP address, and mobile device identifiers); and
Internet and Electronic Network Data (such as browsing history and use and interaction with our Site).
This information is used and disclosed for the various business and commercial purposes and to the categories of third parties described in the “How We Use Your Personal Information” and “How We Share Your Personal Information” sections of this Privacy Policy, above.
Data Privacy Rights. Pursuant to the CCPA, California residents have additional data privacy rights, including the following:
- Right to Know: The right to know about what personal information iCapital collects about you, and our intended use of, and purposes for collecting, your personal information. The personal information that we collect from you, the purposes for which it is used, the source of such personal information, and the parties to whom we share your personal information, among other issues, are set forth in this Privacy Policy (see above).
- Access: The right to access general categories and/or the specific pieces of personal information we have collected, used, disclosed, or sold about you over the past twelve (12) months, including the sources from which the personal information was collected; the business or commercial purpose for which your personal information was collected, used, disclosed, or sold; and the third parties with whom we have shared your personal information.
- Deletion/Erasure: The right to request that we delete/erase your personal information under certain circumstances.
- Data Portability: The right to request that iCapital transfers, to the extent technically feasible, personal information in certain forms and formats.
- Nondiscrimination: The right not to be subject to discrimination for asserting your rights under the CCPA.
To exercise any of the CCPA’s data privacy rights set forth herein, please contact us in accordance with the “Contact Us” section listed below. If you would prefer, you may designate an authorized agent to submit a CCPA privacy request on your behalf. An authorized agent must be registered with the California Secretary of State to conduct business in California.
Privacy Request Verification Process. If you (or your authorized agent) make any request related to your personal information under the CCPA, iCapital will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. iCapital will, to the extent required or permitted by law, require you (or your authorized agent) to verify your request via email or other means and match at least two or three pieces of personal information we have previously collected from you before granting you access to, or erasing, specific pieces or categories of personal information, or otherwise responding to your request. We may require written documentation that demonstrates a third party is authorized to serve as your agent for the purposes of submitting the requests set forth herein, unless you have provided the authorized agent with power of attorney pursuant to California Probate Code §§ 4121 to 4130. None of the CCPA’s rights are absolute, and they are subject to legal and regulatory exceptions and exemptions. For more information about the CCPA, please see https://oag.ca.gov/privacy/ccpa.
Opt-Out Rights / Do Not Sell My Personal Information. California residents have the right to opt out of the sale of their personal information. iCapital does not sell personal information to third parties for profit or monetary or other valuable consideration, as such terms are defined in the CCPA.
15. Nevada Privacy Rights
iCapital does not currently conduct “sales” of personal information for purposes of Nevada law. Notwithstanding the foregoing, Nevada residents may submit a request directing us to not sell personal information we maintain about them to third parties who will sell or license their information to others. If you would like to exercise this right, please contact us in accordance with the “Contact Us” section listed below. Please note we may take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
16. European Union (EU), Switzerland, and United Kingdom (UK)
If you are a data subject in the EU, Switzerland, or the UK, and you provide personal information directly to iCapital in your individual capacity (e.g., signing up for a blog), we are required to provide you additional information (set forth below) with respect to your data protection rights, including how you can file a complaint with regulatory authorities with respect to our data processing, and our legal basis for processing. If you are an independent data controller, or an employee of an independent data controller (e.g., Investment Professional), then we will collect and process your personal information in accordance with the Standard Contractual Clauses (Annex B) which are applicable between iCapital and the independent data controller.
Data Protection Rights. If you are a data subject located in the EU, Switzerland, or the UK, and you provide personal information directly to iCapital in your individual capacity, you have the following data protection rights:
- Right to be Informed: The right to be informed about what personal information iCapital collects and processes about you, including the types and categories of personal information we collect and process, the sources of such personal information, our retention criteria, with whom we share your personal information, cross-border data transfers, and how to file complaints and inquiries.
- Access Rights. You may ask us whether we process any of your personal information and, if so, receive access to such personal information. When complying with an access request, we will also provide you with additional information, such as the purposes of the processing, the categories of personal information concerned, as well as any other information necessary for you to exercise the essence of this right.
- Rectification. You have the right to have your personal information corrected/rectified in case of inaccuracy or incompleteness. Upon request, we will correct inaccurate personal information about you and, taking into account the purposes of the processing, update any incomplete personal information, which may include the provision of a supplementary statement.
- Erasure. You have the right to have your personal information erased, which means the deletion of your personal information by us and, where feasible, any other controller to whom your data has previously been disclosed. However, your right to erasure is subject to statutory limits and prerequisites (e.g., where your personal information is no longer necessary in relation to the initial purposes for which it was processed or where your personal information was processed unlawfully).
- Restriction of Processing. You have the right to obtain the restriction of the processing of your personal information, which means that we suspend the processing of your personal information for a certain period of time. Circumstances which may give rise to this right include situations where the accuracy of your personal information is contested but we need time to verify the inaccuracy (if any) of your personal information or if your personal data has been unlawfully processed and you request restriction of processing instead of deletion.
- Data Portability. You have the right to request us to provide you with your personal information in a structured, commonly used and machine-readable format and to have such data transmitted directly to another controller, where technically feasible.
- Right to Object. You have the right to object to the processing of your personal information, which means you may request us to no longer process your personal information. This only applies in case we use the “legitimate interests” ground (including profiling) as the legal basis for processing (see below “Legal Basis for Processing”).
- Withdrawing Consent. You also may withdraw your consent at any time if we are solely relying on your consent for the processing of your personal information. However, this will not impact our legal basis to process such personal information prior to the withdrawal of your consent.
To exercise any of these data privacy rights, please contact us, or have your designated agent contact us, in accordance with the “Contact Us” section listed below. To the extent permitted by law, we will need to verify your identity (or the identity of your agent) and ensure the authenticity of your request.
Legal Basis for Processing. If you are a data subject located in the EU, Switzerland, or the UK, and you provide personal information directly to iCapital in your individual capacity, we process your personal information in accordance with the legal bases set forth in law. For example, our processing of personal information (as described herein) is justified based on the following legal grounds:
- Consent. Processing is based on your consent (e.g., you register to receive our marketing materials, you voluntarily contact us).
- Legitimate Interests. Processing is necessary for our legitimate interests as set out herein (e.g., monitoring your use of the Site and your compliance with the terms and conditions governing the same, improving our Services).
- Contract Undertaking. Processing is necessary for the performance of a contract to which you are a party (e.g., we are contractually required to provide our Services).
- Legal Compliance. Processing is required to comply with a legal or statutory obligation (e.g., tax disclosures).
iCapital does not engage in any activity that subjects our customers, Site users, survey participants, or others to a decision based solely on automated processing, including profiling, which produces legal effects, or similarly significant results, impacting them.
Complaints. If you are a data subject located in the EU, Switzerland, or the UK, and you provide personal information directly to iCapital in your individual capacity, and you have a concern about our data processing, you have the right to file a complaint with your data protection authority. For data protection authorities in the EU, please see here: https://edpb.europa.eu/about-edpb/about-edpb/members_en. For the data protection authority in Switzerland, please contact the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home.html). For the data protection authority in the UK, please contact the Information Commissioner’s Office (www.ico.org.uk). We would, however, appreciate the opportunity to deal with your concerns before you approach a data protection authority with a complaint, and invite you to contact us in the first instance, , in accordance with the “Contact Us” section listed below.
17. Other Privacy Rights
Individuals in Andorra, Argentina, Australia, Canada, Cayman Islands, Faroe Islands, Guernsey, Hong Kong, Israel, Isle of Man, Japan, Mexico, New Zealand, Singapore, South Korea, Uruguay, and certain other jurisdictions, and investors in our Cayman Islands Funds, may have certain data subject rights. These rights vary, but they may include the right to: (i) request access to and rectification or erasure of their personal data; (ii) restrict or object to the processing of their personal data; and (iii) obtain a copy of their personal data in a portable format. Individuals may also have the right to lodge a complaint about the processing of personal data with a data protection authority. To exercise any of these data privacy rights, please contact us, or have your designated agent contact us, in accordance with the “Contact Us” section listed below. We will consider your request and respond accordingly, based on the applicable regime that applies in your jurisdiction.
18. Do-Not-Track Signals
Some web browsers and devices may transmit “do-not-track” signals to the website with which they communicate. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they are even aware of them. Unless otherwise required by law, we currently do not take action in response to these signals.
19. Persons with Disabilities
iCapital strives to ensure that every person has access to information related to our Services, including this Privacy Policy. Please contact us in accordance with the “Contact Us” section listed below if you would like this Privacy Policy provided in an alternative format, and we will seek to meet your needs.
20. Changes to the Policy
We reserve the right to amend this Privacy Policy at any time to reflect changes in the law, our data collection and use practices, or advances in technology. We will make the revised Privacy Policy accessible on the Services, so you should review the Privacy Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Last Updated” date at the beginning of the document. If we make a material change to the Privacy Policy, you will be provided with appropriate notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.
21. Contact Us
If you have questions regarding this Privacy Policy or our handling of your personal information, would like to request more information from us, or would like to exercise a data privacy right, please contact us at the following: (email) [email protected], or (mail) iCapital, ATTN: LEGAL, 60 East 42nd Street, New York, NY 10165 USA.
