Privacy Policy

Hodes Weill & Associates, LP

Hodes Weill Securities, LLC

Hodes Weill UK LLP

Hodes Weill NL B.V.

Hodes Weill Asia Limited

Hodes Weill Japan KK

HW Capital Advisors LLC, and affiliates

(collectively, “Hodes Weill”)

Hodes Weill is committed to protecting the privacy of our customers, investors and clients. Protecting our customers’, investors’ and clients’ nonpublic personal information is an important priority for us. Our Privacy Policy is designed to support this objective. To help you understand how we protect your personal information, this notice describes our current privacy policy and practices.

USA Patriot Act to help fight Terrorism

The USA Patriot Act requires all financial institutions and certain other organizations to obtain, verify, and record information that identifies each person and entity that opens an account or enters into a business relationship. Therefore, Hodes Weill has gathered, or may gather, certain information to help us verify your organization’s identification. Accordingly, we may have been provided, or may request, one or more of the following documents in order to verify identification: for an individual, an unexpired government- issued identification evidencing nationality, residence, and bearing a photograph or similar safeguard, such as a driver’s license or passport; and for an entity, documents showing the existence of the entity, such as certified articles of incorporation, a government-issued business license, a partnership agreement, or a trust agreement. Alternatively, we may have referenced a database or public information sources to verify your identity.

Collection

We collect personal information about you to serve your investment and capital raising needs, provide customer service, and comply with legal and regulatory requirements. In particular, we collect information to help determine which services and opportunities you are eligible for and which services and opportunities are best suited to you. The type of personal data we collect from you may include the following:

name,
date and place of birth,
citizenship and visa status,
copies of passport or identity card,
tax information,
investment objectives,
physical address,
email address,
telephone number,
information regarding existing securities accounts,
educational and employment history,
prior investment experience with different types of investment vehicles, and any relationships you may have with others involved in the securities business,
social security number, and
financial status (assets and income)

We collect and maintain personal data about our customers, investors and clients from the following sources:

(a) information we receive from you on subscription agreements, investor questionnaires or other forms or documents that you submit to us or contracts that you enter into with us;

(b) information about your transactions with us, our affiliates or others; and

We may also collect information from you from publicly available sources, including:

publicly and non-publicly available and accessible directories and sources,
tax authorities,
governmental and competent regulatory authorities to whom we have regulatory reporting obligations,
credit agencies, background search firms, and
fraud prevention and detection agencies and organizations.

We may combine personal data that you provide to us with information that we collect from, or about you, in some circumstances.

Uses of Information

We process personal data for the following reasons:

where necessary to perform our contract with you to:
- facilitate any transaction between you and us,
- communicate with you, and
- meet any other resulting contractual obligations we have to you;
where necessary for compliance with an applicable legal or regulatory obligation to which we are subject to:
- undertake our client and investor due diligence, and on-boarding checks,
- carry out verification, know your client (KYC), terrorist financing and anti-money laundering checks,
- verify the identity and addresses of customers, clients and investors (and, if applicable their beneficial owners),
- comply with requests from regulatory, governmental, tax and law enforcement authorities,
- comply with accounting and legal obligations,
- carry out audit checks,
- maintain records,
- comply with an order of the court,
- and provide relevant information and reporting where we are under a legal obligation to do so;
where necessary for our legitimate interests or those of a third party to which we are transferring personal data (provided that these interests are not overridden by your interests, fundamental rights or freedoms) to:
- manage and administer your holdings,
- comply with our obligations or internal policy requirements,
- provide you with, and inform you about, investment products and services,
- monitor and improve our relationships with you,
- send direct marketing communications to you,
- provide you with financial information and reports,
- manage our risks and operations,
- comply with our accounting and tax reporting requirements,
- comply with our audit requirements,
- ensure appropriate group management and governance,
- keep our internal records,
- protect our business against fraud, breach of confidence, theft of proprietary materials, and other financial or business crimes,
- monitor communications to/from us using our systems; and
- protect the security and integrity of our IT systems.

Where we collect personal data from you, we will indicate if:

provision of the personal data is necessary for our compliance with a legal obligation; or
it is purely voluntary and there are no implications for you if you do not wish to provide us with it.

Unless otherwise indicated, you should assume that we require the personal data for business and/or compliance purposes. To the extent that we do rely on consent to process your personal data, we will contact you to obtain this consent. You have the right to withdraw this consent at any time.

Confidentiality and Security

Except as described in this notice, access to your personal data is restricted to employees who need that information in order to provide you with products or services. Those employees with access to personal data are required to protect the confidentiality of that information. We maintain physical and procedural safeguards to protect personal data.

Who We Share Your Personal Data With

We do not disclose nonpublic personal information about current or former customers, investors or clients to anyone, except as set forth herein or as permitted by law. We may provide information to regulatory authorities and law enforcement officials in accordance with applicable law or to others when we believe in good faith that the law requires it. We do not sell the information you have entrusted to us to third parties. We may disclose this information to our affiliates (companies related to us by common ownership or control) and to third parties (companies not related to us by common ownership or control) that help us perform services for you. For example, we may forward this information to a custodian or an administrator to process transactions, respond to inquiries from you or your representatives or fulfill legal and regulatory requirements. In addition, we may disclose this information to our professional advisors such as lawyers, auditors and consultants in connection with facilitating our services to you and supporting and administering investment-related or broker/dealer activities.

Keeping your information secure is one of our most important responsibilities. We maintain physical, electronic and procedural safeguards to protect your information. Employees and affiliates are authorized to access your information only when they need it to provide you with products and services or to maintain your accounts.

EU General Data Protection Regulation

The EU General Data Protection Regulation (GDPR) requires non-EU entities that offer goods or services to individuals in the EU or that maintain an establishment in the EU to adopt and implement policies and procedures designed to protect personal data of EU residents. For the purpose of this disclosure, the terms "controller", "processor", "personal data", and "data subject" have the meaning given to these terms in article 4 of the GDPR. When you provide us with personal data of EU residents, we act as a "data controller." In simple terms, this means that we "control" the personal data that you provide—including making sure that it is kept securely—and make certain decisions on how to use and protect your personal data, but only to the extent that we have informed you about the use or are otherwise permitted by the law.

GDPR Rights (incl. Opt-Out)

Under the GDPR you may have certain rights, including:

the right to direct us not to disclose nonpublic personal information to a nonaffiliated third party;
the right to access your personal data;
the right to restrict the use of your personal data;
the right to have incomplete or inaccurate data corrected;
the right to ask us to stop processing your personal data;
the right to request for us to "port" your personal data in a portable, re-usable format to other organizations, where applicable and possible; and
the right to require us to delete your personal data in some limited circumstances.

If you would like to exercise any of these rights, you must provide a written statement at privacy@hodesweill.com exercising that right. However, some of the personal data we collect is necessary for us to perform our contract with you and if you do not wish to provide it, it will affect our ability to provide our services to you. In addition, in the event we encounter circumstances where we are compelled by law or some other mandatory requirement to retain or disclose your personal data, we will do so even if you have exercised your right to opt-out. Additionally, some of the personal data cannot be deleted due to archiving, retention and backup policies and procedures.

You have the right to object to our use of your personal data for direct marketing purposes at any time by contacting us as set forth in the Contact Us section below.

US Federal Law

US federal law (e.g., Regulation S-P and Regulation S-AM) also provides consumers with notice and opt-out rights. As outlined above, we currently collect personal information from you and may share it in connection with: (i) our everyday business purposes (e.g., to process transactions, respond to court orders and legal investigations, etc.); (ii) our marketing purposes (to offer our products and services to you); (iii) our affiliates' for everyday business purposes (e.g., information about your transactions and experiences); and (iv) our affiliates so that they may market to you. We do not currently: (i) share personal information in connection with joint marketing with other financial companies; (ii) share personal information about your creditworthiness (e.g., credit reports) with our affiliates for their everyday business purposes; or (iii) share personal information with non-affiliates for them to market to you.

Under US Federal Law, consumers have the right to limit or "opt-out" of our sharing personal information under certain circumstances. For example, consumers have the right to opt-out of our sharing of personal information with non-affiliated third parties for their marketing purposes. We do not currently share personal information with non-affiliated third parties for marketing purposes, but this notice provides consumers with the right to opt-out of our sharing such personal information in the future. Consumers also have the right to opt-out of our sharing certain personal information (for example, information regarding your credit worthiness like a credit report) with our affiliates. We do not currently share this type of information with our affiliates, but this notice provides consumers with the right to opt-out of our sharing such personal information in the future.

Finally, consumers have the right to opt-out of receiving marketing of products and services from our affiliates based on personal information that we share with our affiliates. This notice provides consumers with the right to opt-out of receiving marketing communications from our affiliates based on any personal information that we share with our affiliates.

Please contact us at the e-mail address privacy@hodesweill.com to exercise your opt-out rights. Your decision to opt-out will remain in effect until you tell us otherwise, and you may change your opt-out status at any time.

Retention and Deletion of Your Information

We keep your personal data for as long as it is required by us for our legitimate business purposes, to perform our contractual obligations, or as is required by law or regulatory obligations which apply to us. For each processing activity we have considered carefully whether any legal and/or regulatory requirements stipulate a mandatory minimum retention period for the relevant information, documentation and records to be retained.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy Notice at any time, but customers, investors and clients can always review the current Privacy Policy Notice by contacting us or by reviewing the current policy accessible through our website www.hodesweill.com/privacy-policy.

Please contact us at privacy@hodesweill.com if you have any questions about our privacy policy, would like to opt-out of receiving future emails or other communications from us, or would otherwise like to restrict the use of your personal data.

Thank you.