As an investor or potential investor in a Hellman & Friedman fund or any of its affiliated parallel funds or alternative investment vehicles, you are entitled to know how we protect your personal data and how we limit its disclosure. Below are the key principles of our Investor Privacy Notice (“Investor Privacy Notice” or “Notice”), which can be accessed on the Hellman & Friedman Investor Portal and is set out in the Appendix hereto. This summary of key principles should be read together with the more detailed Investor Privacy Notice set out in the Appendix.
The Investor Privacy Notice applies to individuals who are our investors, prospective investors or have been our investors in the past, and to those other persons referred to as “you” in the Investor Privacy Notice. The Investor Privacy Notice describes how we process personal data (also called personal information) received about you in relation to your investment or potential investment, which may include financial or other information about you. Capitalized terms used herein have the meaning given to them in the Investor Privacy Notice.
Personal Data We Collect and Process
We collect personal data about you when you complete the subscription forms and associated documentation and by registering for and accessing our Investor Portal or by communicating with us by phone, e-mail or otherwise, or attending meetings and events hosted or coordinated by us. This information may include, for example, your name, address, social security number, net worth and income or health information. We may also collect personal information, which may include health information, for health and safety purposes in connection with in-person meetings or events.
Further details of how we collect personal data about you and the types of personal data we may collect and process are set out at Section 3 (What personal data is collected and processed?) of the Investor Privacy Notice.
Purposes of Processing and Disclosure
We process your personal data for the purposes set out in Section 4 (What is the purpose for processing the personal data). By way of summary only, these purposes include:
In certain instances, we may use non-affiliated third parties (such as brokers, lenders, registered agents or other advisors) to perform services for, or provide funding to, us and, where necessary, disclose your information to them as set out in further detail in Section 6 (To which third parties will personal data be disclosed?) of the Investor Privacy Notice (and in each case, to the categories of third parties set out therein). In all such cases, we provide the third party with only the information necessary to carry out its assigned responsibilities and only for that purpose. Further, we require these third parties to treat your non-public information confidentially.
Where any member of the Hellman & Friedman Group is under an obligation to do so pursuant to Law (defined below) or when, in our judgment, it is prudent to do so, it will disclose your personal data to regulators, courts, the police, tax authorities or other governmental authorities, or in the course of litigation or other proceedings or investigations, actual or threatened. In some cases, it may not be reasonably practicable or possible in accordance with applicable Law (defined below), to notify you in advance about the details of such disclosures.
Who Has Access to Your Personal Data
We restrict access to your personal data to those employees, advisors, agents and other persons who need to know that information to enable us to provide our services to you, including to the recipients and for the purposes set out in further detail in Section 6 (Which third parties will personal data be disclosed to?) of the Investor Privacy Notice. To protect your personal data from unauthorized access and use, we use security measures that comply with applicable Law.
We Will Keep You Informed
The Investor Privacy Notice (which replaces all previous statements of our investor privacy policy) may be amended from time to time, at our discretion, and will be available on the Investor Portal or on request by email to privacy@hf.com.
Contact Details
For all data privacy inquiries and any questions or concerns you have about the Investor Privacy Notice, please contact the data privacy contacts at Hellman & Friedman at:
E-mail: privacy@hf.com
Phone: +1 415 788 5111 (please ask for the Compliance Department)
Post: Compliance Department, 415 Mission Street, Suite 5700, San Francisco, CA 94105, USA
This Privacy Notice details how the relevant members of the Hellman & Friedman Group (being the general partners (the “General Partners”, “we”, “us”) of limited partnerships comprising funds sponsored by members of the Hellman & Friedman Group (as defined below) (the “H&F Funds”) in which an Investor (as defined in Section 3 below) is invested or interested in investing) process personal data (also called personal information) received about such Investors or any person acting on behalf of an Investor (i.e., as the contact person or ultimate beneficial owner of an institutional investor) (the Investor and any such persons acting on its behalf each referred to herein as “you”) in relation to the investment or potential investment in the relevant limited partnership or any of its affiliated parallel fund or alternative investment vehicle entities (each a “Partnership”), how we collect, disclose and otherwise process such personal data and your rights and obligations in relation to your personal data during the course of your investment (or, where you act on behalf of an Investor, during the course of that Investor’s investment).
“Hellman & Friedman Group” means Hellman & Friedman LLC and any entity controlled by or under common control with Hellman & Friedman LLC, excluding any Portfolio Companies. “Portfolio Companies” means any portfolio companies in which funds affiliated with any members of the Hellman & Friedman Group are invested or propose to invest.
The General Partners are data controllers in relation to Personal Data relating to the actual or potential Investors (or persons representing such Investors) in Partnerships of which they act as general partner.
Details of the General Partners of the Partnerships comprising any current H&F Funds are available on the Hellman & Friedman Investran DX investor portal or such successor investor portal as the Hellman & Friedman Group may utilize from time to time (such portals the “Investor Portal”). Alternatively, you may request details of such General Partners by emailing privacy@hf.com.
Details of the General Partners of the Partnerships comprising any H&F Funds which are closed for subscription by new investors are set out in the subscription agreements and/or limited partnership agreements, as may be the case, of which existing Investors in such Partnerships (or persons acting on behalf of such Investors) have copies.
For any questions or concerns you have about this Privacy Notice, please contact us at:
E-mail: privacy@hf.com
Phone: +1 415 788 5111 (please ask for the Compliance Department)
Post: 415 Mission Street, Suite 5700, San Francisco, CA 94105, USA
For the purposes of this Privacy Notice, the “Investor” is the person or entity that is making, or proposing to make, an investment in a Partnership.
Where you are an Investor who is an individual, you will provide your personal data by completing the subscription forms and associated documentation and by registering for and accessing our Investor Portal, by communicating with us by phone, e-mail or otherwise, or attending meetings and events hosted or coordinated by us.
Where you are acting on behalf of an Investor (i.e., you are an advisor, employee or contact person of an Investor (or its affiliates) or you are an ultimate beneficial owner of an institutional investor or an advisor, employee or contact person of such ultimate beneficial owner), you and/or the Investor will provide your personal data to us by completing the subscription forms and associated documentation, by accessing our Investor Portal, or by communicating with us by phone, e-mail or otherwise (including through our advisors), or attending meetings and events hosted or coordinated by us. If you are an institutional investor, our expectation is that you will provide a copy of this Privacy Notice to your employees or other contact persons, whose personal information you disclose to us.
In both cases, we may collect and process some or all of the following personal data (also called personal information) about you:
3.1 Categories of sensitive personal information under the California Consumer Protection Act of 2018, as amended from time to time (the “CCPA”):
3.2 Other categories of personal information:
If your contact details change, please let us know by contacting lprelations@hf.com at the earliest opportunity so that our records can be updated.
We process your personal data in reliance upon the legal basis or business interests and for the purposes set out below.
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Purpose of Use |
Categories of Personal Data /used/processed for each purpose |
Basis for Use/Processing |
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Fund interest administration, management of subscription, transfer of interests, completion of investments by our funds, maintaining the register of partners and distributions, maintaining accounts, managing distributions including the allocations of profit and loss between Investors, internal audit validations, communications, events, investor relations and more generally performance of services requested by and operations in accordance with the instructions of the Investor. |
Where you are acting on behalf of an Investor: Contact and/or personal data such as first name, last name, telephone number, email address, residential address, business address, dietary preferences; and Government issued identifiers such as passport number, tax ID number. |
Where you are acting on behalf of an Investor (including direct or indirect directors, officers, owners, beneficial owners, employees or advisors of an Investor): it is necessary for our legitimate interests (to ensure effective administration of the investment). |
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Where you are an Investor who is an individual: Contact and/or personal data such as first name, last name, telephone number, email address, residential address, business address, dietary preferences; Government issued identifiers such as passport number, tax ID number; Information in relation to your net worth, history of investments, investment preferences and / or tax position, allocation of interests in any Partnerships in which you are an investor and/or allocation of profit or other distributions from such Partnerships; and Wire instructions. |
Where the Investor is an individual: it is necessary for entry into and performance of a contract. |
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AML/KYC checks, screening against sanctions lists, background checks on whether the Investor or a connected person is a Politically Exposed Person and related actions of you, your employees, partners or third parties and compliance with all relevant legal, regulatory and administrative obligations and responsibilities of the Partnership and/or any member of the Hellman & Friedman Group and/or any counterparty of the Partnership (including providers of debt or equity finance and vendors) including pursuant to any applicable Law, such as the Foreign Account Tax Compliance Act (“FACTA”), Common Reporting Standard (“CRS”) or similar reporting practices, transactions reporting, complying with requests from, and requirements of, local or foreign regulatory or law enforcement authorities, tax identification and reporting, any other automatic exchange of information regimes. |
Where you are acting on behalf of an Investor or where you are an Investor who is an individual:
Contact information such as first name, last name, telephone number, email address, residential address, business address; Date of birth, place of birth, citizenship, tax residency, utility bills or other identification records; Government issued identifiers such as passport number; driver’s license number, tax ID number or other identifiers; Screening against Office of Foreign Asset Control and various other lists, criminal searches, legal searches, news coverage, social media searches; and KYC and/or AML documentation including proof of identity and proof of address (for example, utility bills, bank statements, driving licence, passport or other photo ID). |
Necessary for compliance with legal and regulatory obligations including sanctions Laws/AML and KYC Laws and or any other Laws applicable to the data controller or other members of the Hellman & Friedman Group. |
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Risk management and fraud prevention purposes including in relation to completing certain transactions or account changes that you request or for the evaluation of the Investor’s financial needs, monitoring the Investor’s financial situation including for assessing its creditworthiness and solvency, to manage litigation, respond to court orders and legal or tax investigations, for our accounting purposes and for in-person meetings or events, or other health and safety purposes. |
Where you are acting on behalf of an Investor or where you are an Investor who is an individual: Contact information such as first name, last name, telephone number, email address, residential address, business address; Government issued identifiers such as passport number, tax ID number; and KYC and/or AML documentation including proof of identity and proof of address (for example, utility bills, bank statements, driving licence, passport or other photo ID; health and safety information (such as vaccination details). |
Necessary for our legitimate interests (to run an efficient and successful fund). |
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Monitoring and recording calls and electronic communications for quality and business analysis. |
To address our regulatory compliance requirements to surveil communications and to collect contact information such as first name, last name, username, telephone number, email address, time and content of call. |
Necessary for our legitimate interests (to run an efficient and successful fund and to meet regulatory compliance requirements). |
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For the purpose of receiving marketing materials and information about fundraising activities for new H&F Funds and investment entities. You can opt-out of receiving such communications at any time by contacting us at privacy@hf.com. |
Where you are acting on behalf of an Investor or where you are an Investor who is an individual:
Contact information such as first name, last name, telephone number, email address, time and content of call. |
Consent, where required, or legitimate interests. |
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For the purpose of processing payments including in respect of transactions that you request |
In relation to the Investor or those who may be acting on the Investors behalf: Contact information such as first name, last name, telephone number, email address. In relation to an individual Investor only: Wire instructions or other bank details, payment amounts and percentage fund ownership.
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Where the Investor is an individual: it is necessary for entry into and performance of a contract. Where you are acting on behalf of an Investor: it is necessary for our legitimate interests (to ensure effective administration of the investment). |
We retain personal data for so long as necessary for us to fulfil our business purposes, in accordance with Firm policies and procedures, , including for effective management of firm practices (“Policies”).
We may retain Personal Information for a longer period than as stated in our Policies:
We disclose your personal data with selected third parties. The categories of recipients may include the following, as permitted by Law:
To protect your personal data from unauthorized access, use and disclosure, we use security measures that comply with applicable Law.
Where we transfer your personal data to our group entities that are outside the UK or the European Economic Area, this will be done, to the extent appliable to you, under the European Commission’s standard contractual clauses (the “SCCs”) for the transfer of personal data to third countries, pursuant to Decision the Commission Decision of 16 December 2016, as amended by the implementing Decision 2021/914/EU of 4 June 2021, and the UK Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019, including Section 119A of the UK Data Protection Act 2018 and the associated UK Addendum to the SCCs, each as amended from time to time, or other appropriate safeguard which complies with applicable data protection Law.
Where your personal data is held by a Cayman Islands entity and your personal data is transferred to our group entities or third-party service providers and partners outside the Cayman Islands, this will likewise be done, to the extent applicable to you, under the SCCs for the transfer of personal data to third countries. You understand that, in accordance with guidance from the Cayman Islands Data Protection Ombudsman, we may not have amended all our standard contractual clauses to precisely reflect Cayman Islands Data Protection Law, but in all cases the intent of the parties is to interpret references to European Union Law as to the equivalent under the Cayman Islands Date Protection Law.
Please contact privacy@hf.com should you wish to examine these standard data protection clauses.
We detail below certain rights in relation to personal data, which apply to you to the extent required pursuant to applicable Law.
8.1 Under the General Data Protection Regulation and similar international Laws, depending on your location:
How to Exercise these Rights: To exercise any of these rights above, please email us at privacy@hf.com, with is without prejudice to your right to raise a concern with the applicable data protection supervisory authority.
8.2 Under the CCPA, if you are a California resident:
9.1 This Privacy Notice is effective January 1, 2024. The Notice may be amended from time to time, at our discretion and will be available on the Investor Portal or on request by email to privacy@hf.com.