Privacy Policy

This Privacy Notice (“Notice”) describes the practices of Excela Capital Management L.P. and its affiliates (“Excela”, “we”, “us”, or the “Company”) as they pertain to information collected through our website (the “Site”) that link to this Notice.

Please read this Notice carefully to understand our information practices with respect to our Site. If you do not agree to this Notice, then you may not access or use the Site.

Excela may change this Notice from time to time, and any modifications will be effective immediately upon posting, unless indicated otherwise. Therefore, Excela suggests that you review these terms periodically for changes. By using the Site after the Company has posted changes to these terms and conditions of use, you are agreeing to be bound by these terms as amended.

This Privacy Notice does not apply to Excela employees or job applicants.

Information We Collect

We may collect your personal information when conducting our business, including when you contact us, seek information from us, use our website or provide services to us. The types of personal information about you that we may process include your name, address and other contact details, photographs, social security or other tax identification number, nationality, place of birth, account information, assets, transaction and/or income information, materials necessary to verify personal information (e.g., copies of passports or utility bills), and other information (including potentially sensitive information) that may be derived from the information and documentation that we collect. This information is collected primarily (i) in subscription agreements and related documents and background checks to satisfy anti-money laundering and sanctions compliance obligations, (ii) in correspondence and conversations with us and our representatives, (iii) through transactions in an Excela fund, (iv) through applications for employment and (v) in your everyday business dealings with us. We may also receive your personal information from third parties or other sources, such as third-party account administrators and publicly accessible sources (e.g., the internet or social media).

How We Use and Disclose Your Information

We may disclose your personal information to third parties, and we and such third parties may process your personal information only for the reasons listed below. The third parties to whom your personal information may be disclosed include, without limitation, auditors and accountants, attorneys, brokers and trading counterparties, back-up data storage providers, employees, consultants, temporary workers and third-party account administrators.

  • Legal and everyday business purpose: Your personal information may be processed for the purposes of administering the relationship between us (including communications and reporting), monitoring and analyzing our activities, and everyday business purposes. Your personal information may also be processed to comply with our policies and applicable legal and regulatory requirements (including anti-money laundering, fraud prevention, tax reporting, compliance, or responding to subpoenas, court orders or other requests for information from regulatory, supervisory, law enforcement or judicial agencies).
  • For marketing purpose: Your personal information may be processed by Excela to market products and services to you.
  • To manage your investments: Your personal information may be disclosed to or processed by certain service providers we have engaged to help us review requests for subscriptions or withdrawals from you and to manage your investments.
  • With your authorization or for other purposes permitted by law: Your personal information may be disclosed with or processed by certain persons with your consent, upon your instruction, or for any purposes permitted by applicable law.

For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.

Data Retention

The personal information we do or will collect, including sensitive personal information, will be retained until we determine it is no longer 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 and accounting obligations. In determining how long to retain information, we consider the amount, nature and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the personal information, the purposes for which we process the personal information and whether we can achieve those purposes in other ways, the applicable legal requirements, and our legitimate interests.

The purposes we process information (as well as the other factors listed above) may dictate different retention periods for the same types of information. For example, we may keep inquiries sent to us through the website for as long as needed to fulfill the request made.

Cookies and Tracking Technologies

This website may use “cookies,” which from time to time automatically collect certain information and data. “Cookies” are small pieces of data sent to your computer browser from our web server and stored on your computer’s hard drive. The data identifies you as a unique user and facilitates your ongoing access to and use of this website. Cookies also help us diagnose problems with our server and analyze how visitors use our website.

You may be able to set your web 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 or similar technologies, certain websites (including this website) may not function as expected. Without refusing cookies through your browser, you can also opt out of Google Analytics by installing a Google Analytics Opt-out Browser Add-on for each web browser you use.

How We Protect Your Information

We maintain technical, organizational, and administrative safeguards to protect your personal information. The entities performing services for us are directed to protect your personal information and to only use such information in connection with the services we have contracted with them to perform. From time to time, we may review the purpose for which personal information has been collected and decide whether to retain or delete such information if we are permitted to do so under applicable law.

Notice Concerning Do Not Track

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. At this time, we do not recognize or respond to DNT signals. You can learn more about Do Not Track here.

Information for California Residents

If you are a California resident, California law requires us to provide you with some additional information regarding how Excela collects, uses, and discloses 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 the California Financial Information Privacy Act (“FIPA”). Our separate Privacy Notice that is provided to investors applies to this excluded data and has been provided to our fund investors.

Depending on how you interact with our website 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);
    • We disclose identifiers to service providers, including Google Analytics as well as legal or governmental authorities when required by applicable law, or other parties in connection with a sale, acquisition, merger, or similar transaction related to our business.
    • Our business and commercial purposes for collecting and disclosing this information are to operate our website, to communicate with you, and for legal and everyday business purposes.
  • Internet usage information (such as browsing history and use and interaction with our website).
    • We disclose internet usage information to service providers, including Google Analytics, as well as legal or governmental authorities when required by applicable law, or other parties in connection with a sale, acquisition, merger, or similar transaction related to our business.
    • Our business and commercial purposes for collecting and disclosing this information are to operate our website, to communicate with you, and for legal and everyday business purposes.

This information is used and disclosed for the various business purposes and to the categories of third parties described in the “How We Use and Disclose Information” section of the privacy notice, above.

We do not knowingly collect, solicit or disclose personal information from anyone under the age of 16.

In the past 12 months, we have not sold or shared for cross-contextual advertising purposes personal information to third parties.

Rights of California Consumers.  The CPRA provides a California consumer the following rights, subject to certain exceptions and limitations:

  • The right to request: (a) the categories and specific pieces of personal information we collect about you; (b) the categories of sources from which we collect your personal information; (c) our business or commercial purposes for collecting, selling or sharing your personal information; (d) the categories of personal information disclosed for a business purpose and the categories of persons to whom it was disclosed; € the categories of your personal information (if any) that we have either sold, shared, or disclosed.
  • For certain categories of personal information, the right to request a list of what we disclosed to third parties for their own direct marketing purposes in the past 12 months and the names and addresses of those third parties.
  • The right to request that we delete your personal information, subject to certain exceptions.
  • The right to opt out of our sale(s) (if any) of your personal information.
  • The right to request we correct any inaccurate personal information maintained about you.
  • The right to limit our use of your sensitive personal information to only use that is necessary to perform the services expected or provide the goods reasonably expected.
  • The right not to receive discriminatory treatment for exercising your CPRA rights.

You may submit requests relating to your exercise of CPRA rights to us via email at web at symbol excelacapital dot com.

You may only make a verifiable request for access or data portability twice within a 12-month period. All verifiable requests must provide (1) enough information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative and (2) sufficient detail that allows us to properly evaluate and respond to it.

We endeavor to respond to a verifiable request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.

Shine the Light Disclosure: The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.

Notice for Cayman Islands Fund Investors

If you are an individual (including, for purposes of this section of the Privacy Notice only, an individual associated with an investor in a Excela fund) and the fund in which you are invested is organized in the Cayman Islands (including any master fund in which you are indirectly invested), such fund and Excela are considered to be data controllers in respect of any personal information we hold about you for the purposes of the Cayman Islands Data Protection Law 2017 (the “DPL”). This means that the fund and Excela (alone or jointly, as applicable) determines the purposes and the means of the processing of your personal information. We may disclose your personal information with the fund’s services providers or others who are located outside the Cayman Islands. It may also be necessary to disclose your information with the Cayman Islands Monetary Authority or the Tax Information Authority, which may, in turn, exchange this information with foreign tax authorities, regulatory or law enforcement agencies. Any transfer of your personal data by us or our service providers outside the Cayman Islands will be carried out in accordance with the DPL. You may have certain rights under DPL, including: (i) the right to be informed; (ii) the right of access; (iii) the right to rectification; (iv) the right to stop or restrict processing; (v) the right to stop direct marketing; (vi) rights in relation to automated decision making; (vii) the right to seek compensation; and (viii) the right to complain to the supervisory authority. A complaint in respect of a Excela fund organized in the Cayman Islands may be lodged with the Office of the Ombudsman in the Cayman Islands.

Notice for EEA/UK Residents

If you are an individual (including, for purposes of this section of the Privacy Notice only, an individual associated with an investor) resident in the European Economic Area (EEA) or the UK, your personal information will be processed as described herein by us and other parties in countries outside the EEA, including the United States, India and Bermuda, which may not offer the same level of protection of personal information as the EU General Data Protection Regulation 2016/679 (“GDPR”). Please be advised that certain aspects of the GDPR may not be consistent with the laws and regulations applicable to us.

Laws in the EEA and UK also require us to tell you about the legal grounds we rely on to process your information. Our legal bases for processing your information as described in this Privacy Policy are as follows:

  • Where use of your information is necessary to perform our obligations under a contract or commitment to you. For example, to provide the services you’ve requested from us, or to comply with our website terms of service.
  • Where use of your information furthers our legitimate interests or the legitimate interests of others. For example, to operate our website and business, defend our legal rights, and prevent fraud.
  • Where we use your information to comply with applicable legal obligations. For example, for auditing purposes.
  • Where you have consented to our processing of your information for a particular purpose.

You may also have the right to make certain requests about your personal data, such as requesting:

  • Access to, or a copy of, your information
  • Confirmation that we are processing your information
  • Correction or amendment of your information
  • Deletion of your information
  • Transfer of your information to a third party
  • Restriction or objection to certain uses of your information

You can exercise these rights by contacting us using the information in the “Contact Us” section below.

Contact Us

If you have any questions about this Privacy Notice or wish to exercise your rights, you may contact us at web at symbol excelacapital dot com.