Last updated: May 19, 2023
This Policy applies directly to individuals who are data subjects in their interactions with NAX Capital. If business entities provide NAX Capital with personal data on individuals (e.g., employees, members, etc.) in relation to a relationship with NAX Capital, this Policy will apply to those individuals and such entity should transmit this document to such individuals or otherwise advise them of its content.
In this Policy, “personal data” refers to any data related to an identified or identifiable data subject. NAX Capital may from time to time collect personal data, including name, contact details (address, telephone, fax, email - both private and professional), date of birth, social security number, taxpayer identification number, bank account details, jurisdiction of tax residence, current or former employers, work authorization status, education, business activities, affiliations, investment objectives, assets, investment experience, transaction history, income, wire transfer instructions, signatures, and member portal login credentials.
NAX Capital may collect personal data provided directly by data subjects in connection with advising clients, entering into an investment advisory contract, buying securities from NAX Capital through one or more of its investment funds, advising NAX Capital where to send money or write transfers, entering data https://www.nax.capital/ or other sites owned by NAX Capital (the “Website”), communication via NAX Capital's portal, email, phone, or other correspondence, or as otherwise voluntarily provided by the data subject. Data subjects control what personal data they choose to disclose to NAX Capital, but NAX Capital may be unable to provide certain information or services if relevant personal data is not provided. NAX Capital may also collect personal data from third-party sources, affiliates, or non-affiliated companies, such as information from recruiting services providers or others regarding candidates or potential candidates for employment.
NAX Capital may automatically collect information (“automatically collected data”) when data subjects visit its Website. This information may from time to time include device type, browser type, Internet Protocol (IP) address, pages visited, download errors, date and time of visit, and interaction with the Website. Data subjects'website browsers can be set to allow them to control whether they will accept cookies, reject cookies, or to notify them each time a cookie is sent to them. If their browser is set to reject cookies, the Website may not recognize data subjects when they return to the Website, and some Website functionality may be lost. To find out more about cookies, including how to see what cookies have been set and how to manage or delete them, data subjects may visit [www.allaboutcookies.org.]
The legal basis for NAX Capital's processing of personal data generally includes one of the following: (a) the data subject has consented to the processing; (b) processing is needed to fulfill a request made by the data subject; (c) processing is required to comply with a legal or regulatory obligation; or (d) processing is necessary for reasons that are otherwise in NAX Capital's legitimate interest as a company. For example, NAX Capital may use personal data:
- to communicate and respond to inquiries from data subjects,
- to provide advisory services,
- to open data subjects' accounts or process transactions for such accounts (and to evaluate eligibility for accounts and participation in funds),
- to contact data subjects with information or promotional materials about NAX Capital,
- for recruitment and talent management,
- to develop new products or services,
- to review usage of and enhance experience with its Website,
- to operate, evaluate, and improve its business, and
- to comply with and enforce applicable regulatory and legal requirements and industry standards.
To opt-out of any marketing emails from NAX Capital, data subjects should follow the unsubscribe or opt-out instructions in such emails, and NAX Capital will use commercially reasonable efforts to promptly implement such requests. Data subjects may continue to receive non-marketing communications related to administrative or transactional matters regarding their existing relationship with NAX Capital.
NAX Capital does not sell personal data to any third parties. NAX Capital may share personal data as needed to fulfill the purposes described in the “Data Usage” section above, including:
- with nonaffiliated persons and entities that assist it in managing and operating its funds and investments, including attorneys, tax advisors, broker-dealers, fund administrators, accountants, auditors, and custodians that assist NAX Capital with the distribution of stock to clients and/or investors;
- to lenders or investors who provide financing for relevant funds;
- to NAX Capital affiliates (including to NAX Group, Inc.), for marketing purposes unless the data subject has opted out of such sharing, or for purposes of facilitating a data subject's investments or requests for information;
- to the relevant funds in which a data subject has invested or is interested in investing; as permitted or required by law, including to verify eligibility under OFAC, for governmental permits or licensing, or other regulatory and compliance requirements; or
- as requested or approved by the applicable data subject (including to such data subject's advisors, which can include, among others, accountants, investment advisors, and/or attorneys).
In the event of a merger, consolidation, sale, or transfer of all or substantially all of NAX Capital's assets or business, one of the assets which would generally be transferred is the personal data that has been collected. NAX Capital will advise a successor or successors in interest of the terms of this Policy and the expectation that such successor(s) will comply with the terms hereof.
NAX Capital requires third-party service providers to protect the confidentiality of data subjects' information and to use the information only for the purposes for which NAX Capital discloses the information to them.
NAX Capital takes commercially reasonable physical, administrative, and technical precautions designed to protect data subjects'personal data from loss, misuse, or unauthorized alteration. While NAX Capital uses reasonable efforts to safeguard the confidentiality of data subjects' personal data, it cannot guarantee that data will always remain secure due to transmission errors, outside events, third party hacking or other causes.
NAX Capital restricts access to any nonpublic personal data about data subjects to those employees who need to know that information to provide services to the partnership and its investors.
NAX Capital will typically maintain personal data so long as it can reasonably foresee such personal data may be required in connection with its relationship with the applicable data subject. NAX Capital may retain personal data for a longer period as necessary to comply with any applicable legal or regulatory requirements and reasonable records retention policies or as otherwise necessary for a legitimate reason (such as to resolve disputes and enforce its agreements and contracts).
Data subjects may have certain rights under the GDPR if they reside or are in any of the countries of the European Union. Depending on the legal basis for processing personal data, data subjects may have some or all of the following rights:
- The Right to Be Informed - the right to be informed about the personal data that we collect from a data subject and how we process them.
- The Right of Access - the right to get confirmation that personal data are being processed and the ability to access personal data.
- The Right to Rectification - the right to have personal data corrected if they are inaccurate or incomplete.
- The Right to Erasure (Right to Be Forgotten) - the right to request the removal or deletion of personal data if there is no compelling reason for us to continue processing them.
- The Right to Restrict Processing - the right to 'block'or restrict the processing of personal data. When restricted, we are permitted to store personal data, but not to process them further.
- The Right to Data Portability - the right to request the personal data provided to us and use such personal data for the data subject's own purposes. We will provide data within 30 days of such a request. Contact us email@example.com or by mail at Attention: Legal, 1104 Highland Avenue, Manhattan Beach, CA 90266.
- The Right to Object - the right to object to us processing personal data for the following reasons:
- Processing was based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling)
- Direct marketing (including profiling)
- Processing for purposes of scientific/historical research and statistics
- Rights in relation to automated decision-making and profiling.
- Automated Individual Decision-Making and Profiling - the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects regarding the data subject.
- Filing a Complaint with Authorities - the right to file a complaint with supervisory authorities if information has not been processed in compliance with the General Data Protection Regulation. If the supervisory authorities fail to address a data subject's complaint properly, the data subject may have the right to a judicial remedy.
NAX Capital's Website and services are not directed toward children under 13. If a parent or guardian becomes aware that his or her child has provided NAX Capital with personal data, they should contact NAX Capital as set forth at the end of this Policy and NAX Capital will take reasonable steps to promptly remove such data from its systems (subject to any applicable, legally required or permitted retention standards).
NAX Capital is based in the United States as well as the United Kingdom, and personal data collected by it and its affiliates worldwide (including within the EU and Switzerland) may be transferred to the United States or the United Kingdom for processing. By submitting personal data to NAX Capital or its affiliates, data subjects consent to the transmission of personal data to the United States and/or the United Kingdom. NAX Capital is generally the “data controller” as that term is used under applicable data privacy laws.
Data subjects who have any questions or complaints about data processing activities should contact NAX Capital as set forth below. EU or Swiss resident investors have the right to raise their inquiry or complaint to the applicable data protection authority in their member country.
California law entitles California residents to certain additional protections regarding personal data. For purposes of this section alone, “personal data” means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. California residents have the right to request:
- information regarding their personal data NAX Capital has collected (the categories of personal data collected, the source of such data, and how such data has been used);
- a description of whether NAX Capital has disclosed their personal data to third parties, and if so what categories of data have been disclosed, and to what categories of third parties);
- a copy of their personal data collected by NAX Capital in the past 12 months; and
- that their personal data be deleted.
To make such a request, California residents should contact NAX Capital as set forth below. NAX Capital may require verification of the data subject's identity before further processing the request. In certain instances, NAX Capital may be required or permitted by law to decline some or all of such request.
Should data subjects have any questions, comments or concerns about NAX Capital's privacy practices or wish to exercise any of their rights under this Policy, they can contact firstname.lastname@example.org or by mail at Attention: Legal, 1104 Highland Avenue, Manhattan Beach, CA 90266.
This Policy may be updated to reflect changes in its practice or to comply with applicable laws. NAX Capital will notify data subjects of any material changes to this Policy, as required by law, including by posting the updated version on the Website. The revised Policy will be effective immediately upon posting to the NAX Capital Website.