Privacy Policy

Last Updated: October 15, 2020

Your privacy is very important to us. This document (the “Privacy Policy”) is provided by DGV Solutions LP on behalf of itself and the funds and accounts it manages (collectively, “DGV” or “we”) and sets forth DGV’s policies with respect to the collection, sharing and protection of information pertaining to the users of our website. Please read this Privacy Policy carefully to understand what we do. A link to this Privacy Policy is available on our website at www.dgvlp.com.

If you choose to visit our public website, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages and application of the law of the State of Minnesota.

Updates to Privacy Policy

We may revise and update this Privacy Policy from time to time to reflect changes in the law, our data handling practices or the features of our services, including our website. The new version of the Privacy Policy will be posted on our website. We will indicate at the top of this Privacy Policy when it was last updated. By continuing to do business with us or use the website or the services that we provide to you after any changes to the Privacy Policy, you acknowledge such revised Privacy Policy governs our information practices.

The information we collect

Email Links and Website Forms

Visitors to our website may choose to email groups or individuals at DGV using links available on our website. Visitors to our website may also choose to provide information to us using one or more forms provided on our website. Website visitors are under no obligation to provide this information. However, when you do so, your email address, address, phone number and other contact information contained in your email or in the completed form, as well as any other information you choose to provide, may be collected by us as part of the process of receiving and, as we deem appropriate, replying to your inquiry.

Website Use

When you use our public website at www.dgvlp.com, we or the company that we’ve engaged to host our website may automatically track certain information that your browser makes available whenever you visit a website. Thus, we or our website host may collect and analyze information such as your IP address, browser types, browser language, operating system, the state or country from which you accessed the websites, software and hardware attributes (including device IDs) referring and exit pages and URLs, platform type, the number of clicks, files you download, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the terms you use in searches on our websites, the date and time you used the websites, error logs, and other similar information.

How we use your information

We and our service providers use your information for various purposes depending on the type of information we have collected from you and about you, in order to:

  • Perform services on your behalf in connection with investment related activities, such as servicing your accounts;

  • Send you correspondence and reports, including those which may contain your personal data;

  • Improve and customize our websites, products and services through the analysis of website usage to better tailor the website to meet your needs;

  • Market DGV products and services to you;

  • Secure, protect, and back-up our networks, facilities and websites;

  • Comply with and enforce applicable legal requirements, industry standards and our policies and terms, including, but not limited to, regulatory requirements related to tax compliance, know your customer and anti-money laundering rules;

  • Establish, exercise, or defend our legal rights;

  • Create or use aggregated or other anonymized data collected by DGV or obtained from third parties, which we may use and disclose without restriction; and

  • Operate, evaluate and improve our business in other ways.

How we share your information

We may share or disclose information about you in the following ways:

Affiliates and Subsidiaries. We may share your information with our affiliates and subsidiaries, including, but not limited to, affiliated management entities and general partners to deliver our services, ensure a consistent level of service, enhance our products, services and your customer experience, and for our affiliates’ everyday business purposes.

Service Providers. We provide access to or share your information with select non-affiliated third parties who perform services on our behalf, including, but not limited to, administrators, email and document retention service companies, customer relationship management software service providers, IT infrastructure providers, banks, prime brokers, custodians, law firms, compliance consultants, auditors, tax preparers, tax reclaim service providers, fund directors and advisory committee members, counterparties and other service providers. These parties have access to information to help us perform our everyday business purposes, such as to correspond with you, process your transactions, maintain your account(s), send you marketing materials, respond to subpoenas, court orders, regulatory requests and legal investigations, cooperate with legal and regulatory bodies, or make required filings and reports to government authorities. We require non-affiliated service providers to maintain the confidence of your private information. In some instances, these non-affiliates may collect information directly from you. If you provide additional information to a service provider directly, their use of your information is governed by their applicable privacy policy.

Protection of DGV and Others. You acknowledge and agree that we may access, retain and disclose with or without notice and with or without your consent the information we collect and maintain about you, where permitted by applicable laws and regulations, if required to do so by law or regulation, or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with (i) lawful requests from a regulator or law enforcement or (ii) legal process (e.g. a subpoena or court order); (b) enforce our Terms of Use, this Privacy Policy, or any other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of DGV, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.

Business Transfers. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions (including in contemplation of such transactions), user information, including personal data, may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third-party, customer information (including your email address and other personal data) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, we will comply with such restrictions.

Aggregate/Anonymous Information. From time to time, we may share aggregate and/or anonymous information about you. The sharing of such data is unrestricted.

Legal bases for use of your information

The legal bases for using your information as set out in this Privacy Policy are as follows:

  • Where use of your information is necessary to perform our obligations under a contract with you or in order to take steps at the request of the data subject prior to entering into a contract (for example, to comply with the Terms of Use of our websites which you accept by browsing the websites or to comply with the terms of our subscription agreement with an investor in one of our advised funds); or

  • Where use of your information is necessary for our legitimate interests or the legitimate interests of others and such interests are not overridden by your interests, fundamental rights or freedoms (for example, to provide security for our website; operate our websites; comply with legal requirements and defend our legal rights; prevent fraud and to know the user to whom we are providing our service and the website, for marketing, analyzing and improving our business, managing legal issues and to provide customer service).

  • Where required by law, and in some other cases, we may handle personal data on the basis of consent.

How long we keep personal data

We generally retain personal data for so long as it is necessary, for the purposes described in this Privacy Policy. To dispose of personal data, we may anonymize it, delete it or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.

Security

We maintain strict operational policies, including physical, electronic and logical controls and apply what we believe to be appropriate technical and organizational information security measures to safeguard and secure our data, facilities, and networks to attempt to prevent the unauthorized access to data we may collect from our website, and have policies in place to ensure that any information we collect is used in compliance with this Privacy Policy. These controls vary based on the sensitivity of information that we maintain about you.

We cannot ensure, however, that all of your private communications and other personal data will never be disclosed in ways not described in this Privacy Policy. For example (without limiting the foregoing), unauthorized third parties may unlawfully intercept or access transmissions or private communications, or service providers may abuse or misuse your personal data that they collect and use on our behalf. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personal data, private communications, or other information will always remain private.

Children’s Privacy

Our services and websites are not intended for persons under the age of 18 and persons under the age of 18 are not eligible to use our website or our services. If we become aware that we have collected personal data from a person under the age of 18, we will take reasonable steps to delete such information as soon as possible and will not sell that information to third parties.

Processing of information in and outside the United States

The information discussed in this Privacy Policy is processed in the United States by DGV Solutions LP, whose principal office in the United States is located at 601 Carlson Parkway, Suite 875, Minnetonka, Minnesota 55305. Your information will be processed in the United States for the purposes described herein. As described above, we also may subcontract the processing of your data to, or otherwise share your data with, other members within the DGV family of companies, service providers, and business partners in countries other than your country of residence. Such third parties may be engaged in, among other things, the provision of support services to you, DGV’s advised funds and DGV. By providing us with your information, you acknowledge any such transfer, storage or use.

Data subject rights and your choices

If you are located in the European Economic Area (“EEA”) or in the United Kingdom, permanently reside in the state of California or are a domiciliary of California residing in another jurisdiction for a temporary or transitory purpose, you have certain legal rights with respect to your personal data as described below:

  • the right to access your personal data (in a commonly or readily usable form);

  • the right to examine your personal data;

  • the right to withdraw consent given to the processing of your personal data (where applicable);

  • the right to receive information regarding any entities we disclose your personal data to; and

  • the right to lodge a complaint with the relevant data protection authority or the California Attorney General, as applicable.

If you are located in the EEA or in the United Kingdom, you have certain additional legal rights with respect to your personal data as described below:

  • the right to restrict the use of your personal data;

  • the right to correct your personal data; and

  • the right to object to the processing of your personal data where we have considered this to be necessary for the purposes of our legitimate interests.

The DPL provides for broadly analogous rights.

Please note that the right for your personal data to be erased (the "right to be forgotten") that applies in some contexts under applicable law is not likely to be applicable to most, if not all, of the personal data you provide to us, given the specific nature of the purposes for which we use personal data, as described in this Privacy Policy.

We will consider all requests and provide our response within the time-period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.

Contact Us

As we do not process personal data on a large scale, we are not required to designate a data protection officer. However, should you have any queries or wish to discuss your data protection rights with us, please contact DGV's Chief Compliance Officer at (612) 843-4360 or legal@dgvlp.com.