Privacy and Disclosures
Our Commitment to Your Privacy: We are sensitive to the privacy concerns of our individual investors. We have a policy of protecting the confidentiality and security of information we collect about you. We are providing you this notice to help you better understand why and how we collect certain personal information, the care with which we treat that information and how we use that information.
Sources of Non-Public Information: In connection with forming and operating our private investment funds (or “funds”) and/or performing asset management services for our investors, we collect and maintain non-public personal information from the following sources:
- Information we receive from you in conversations over the telephone, in voicemails, through written correspondence, via e-mail and other electronic communications or on subscription agreements, investor questionnaires, applications or other forms (including, without limitation, any anti-money laundering, identification and verification documentation);
Information about your transactions with us or others; and
- Information captured on our website, fund data room and/or investor reporting portal (as applicable), including registration information, information provided through online forms and any information captured via “cookies.”
Disclosure of Information: We do not disclose any non -public personal information about you to anyone, except as permitted by law or regulation and to affiliates and service providers, including, but not limited to, lenders, banks, auditors, law firms, governmental agencies, consultants or pursuant to legal process.
Former Investors: We maintain non-public personal information of our former investors and apply the same policies that apply to current investors.
Information Security: We consider the protection of sensitive information to be a sound business practice, and to that end we employ physical, electronic and procedural safeguards, which seek to protect your non- public personal information in our possession or under our control.
Further Information: We reserve the right to change our privacy policies and this Privacy Notice at any time. The examples contained within this notice are illustrations only and are not intended to be exclusive. This notice is intended to comply with the privacy provisions of Regulation S-P under the Gramm-Leach- Bliley Act and certain privacy provisions of other laws. You may have additional rights under other foreign or domestic laws that apply to you.
Privacy notice supplement for California residents
This notice supplements the Privacy Notice set forth above with respect to specific rights granted under the California Consumer Privacy Act of 2018 (the “CCPA”) to natural person California residents and provides information regarding how such California residents can exercise their rights under the CCPA. This supplement is only relevant to you if you are a resident of California as determined in accordance with the CCPA. Information required to be disclosed to California residents under the CCPA regarding the collection of their personal information that is not set forth in this CCPA supplement is otherwise set forth above in the Privacy Notice. To the extent there is any conflict with the privacy requirements under the Gramm-Leach-Bliley Act and/or Regulation S-P (“GLB Rights”), GLB Rights shall apply.
Categories of Personal Information We Collect: We have collected some or all of the following categories of personal information from individuals within the last twelve (12) months:
Identifiers, such as name, contact details and address (which may include physical address, email address and Internet Protocol address), and other identification (including social security number, passport number and drivers’ license or state identification card number);
Other customer records, such as telephone number, signature, bank account number, other financial information (including accounts and transactions with other institutions and anti-money laundering information), and verification documentation and information regarding investors’ status under various laws and regulations (including social security number, tax status, income and assets);
Protected classification characteristics under California or federal law, such as date of birth, citizenship and birthplace;
Commercial information, such as account data and other information contained in any document provided by investors to authorized service providers (whether directly or indirectly), risk tolerance, transaction history, investment experience and investment activity, information regarding a potential and/or actual investment in the applicable fund(s), including ownership percentage, capital investment, income and losses, source of funds used to make the investment in the applicable fund(s); and
Internet or other electronic network activity information, such as information regarding your use of our website, fund data room and investor reporting portal (e.g., cookies, browsing history and/or search history), as well as information you provide to us when you correspond with us in relation to inquiries.
Within the last twelve (12) months, we have shared each of the categories of personal information collected with affiliates and third-party service providers as set forth in “Disclosure of Information” in the Privacy Notice above, and we collect personal information from the sources set forth in “Sources of Non- Public Information” in the Privacy Notice above.
Purposes for Collecting Personal Information: We may collect or share the personal information we collect about you for one or more of the following business or commercial purposes:
performing services to you, including, but not limited to:
- the administrative processes (and related communication) in preparing for the admission of investors to the fund(s);
- ongoing communication with potential investors, their representatives, advisors and agents (including the negotiation, preparation and signature of documentation) during the process of admitting potential investors to the fund;
the performance of obligations under the governing documents of the funds (and all applicable anti-money laundering, KYC and other related laws and regulations) in assessing suitability of potential investors in the applicable fund;
- ongoing operations, administrative, accounting, reporting, account maintenance and other processes and communication required to operate the business of the funds in accordance with its governing documents and other documentation between the parties, including customer service, processing or fulfilling transactions, verifying personal information, processing contributions and distributions and financing;
- keeping investors informed about the business of the general partner or managing member of the applicable fund and its affiliates generally, including offering opportunities to make investments other than to the applicable fund and related advertising;
- auditing and verifications related to investor interactions, including, but not limited to, verifying the quality and effectiveness of services and compliance;
- detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity; and
- complying with U.S., state, local and non-U.S. laws, rules and regulations.
We do not sell any of the personal information we collect about you to third parties.
Deletion Rights: You have the right to request that we delete any of your personal information that we retain, subject to certain exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations.
Disclosure and Access Rights: You have the right to request that we disclose to you certain information regarding our collection, use, disclosure and sale of personal information specific to you over the last twelve (12) months. Such information includes:
The categories of personal information we collected about you;
The categories of sources from which the personal information is collected; Our business or commercial purpose for collecting such personal information; Categories of third parties with whom we share the personal information;
The specific pieces of personal information we have collected about you; and
Whether we disclosed your personal information to a third party, and if so, the categories of personal information that each recipient obtained.
No Discrimination: We will not discriminate against you for exercising your rights under the CCPA, including by denying service, suggesting that you will receive, or charging, different rates for servicesor suggesting that you will receive, or providing, a different level or quality of service to you.
How to Exercise Your Rights: To exercise any of your rights under the CCPA, or to access this notice in an alternative format, please submit a request using any of the methods set forth below.
Call us using the following toll-free number: 833-382-0363
Email us at the following email address: email@example.com
We will contact you to confirm receipt of your request under the CCPA and request any additional information necessary to verify your request. We verify requests by matching information provided in connection with your request to information contained in our records. Depending on the sensitivity of the request and the varying levels of risk in responding to such requests (for example, the risk of responding to fraudulent or malicious requests), we may request your investor portal access credentials in order to verify your request. You may designate an authorized agent to make a request under the CCPA on your behalf, provided that you provide a signed agreement verifying such authorized agent’s authority to make requests on your behalf, and we may verify such authorized person’s identity using the procedures above.
Our goal is to respond to any verifiable consumer request within forty-five (45) days of our receipt of such request. We will inform you in writing if we cannot meet that timeline. Please contact the Chief Compliance Officer of Cressey & Company LP at the email address above with any questions about this Privacy Notice.
EU and UK Privacy Notice
This EU and UK Privacy Notice (this “Privacy Notice ”) applies to the extent that EU and UK Data Protection Legislation (as defined below) applies to the processing of personal data by an Authorized Entity (as defined below) or to the extent that a data subject is a resident of the United Kingdom (the “UK”), the European Union (“EU”) or the European Economic Area (“EEA”). If this Privacy Notice applies, the data subject has certain rights with respect to such personal data, as outlined below.
For this Privacy Notice, “ EU and UK Data Protection Legislation” means all applicable legislation and regulations relating to the protection of personal data in force from time to time in the EU, the EEA, or the UK, including (without limitation): Regulation (EU) 2016/679 (the General Data Protection Regulation “GDPR”) and any national implementing or successor legislation, the GDPR as it forms part of the laws of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018, the Data Protection Act 2018, the ePrivacy Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the UK Data Protection Act 2018 or any other legislation which implements any other current or future legal act of the European Union or UK concerning the protection and processing of personal data and any national implementing or successor legislation), and including any amendment or re-enactment of the foregoing. The terms “data controller,” “data processor,” “data subject,” “personal data” and “ processing” in this Privacy Notice shall be interpreted in accordance with the applicable EU and UK Data Protection Legislation.
Please contact the Chief Compliance Officer of Cressey & Company LP (“Cressey”) at firstname.lastname@example.org with any questions arising out of this Privacy Notice.
Categories of personal data collected and lawful bases for processing
In connection with offering, forming and operating private investment funds for potential investors, the applicable fund, its general partner, Cressey, their affiliates and, in each case, their administrators, legal and other advisors and agents (collectively, the “Authorized Entities”) collect, record, store, adapt and otherwise process and use personal data either relating to potential investors or to their partners, officers, directors, employees, shareholders, ultimate beneficial owners, lenders, finance providers, or affiliates or to any other data subjects from the following sources (and all references to “potential investor(s)” in this Privacy Notice shall be to such potential investor(s) and, as applicable, any of these other persons as relate to such potential investor(s)):
- information received in telephone conversations, in voicemails, through written correspondence, via e- mail or on subscription agreements, investor questionnaires, applications or other forms (including, without limitation, any anti-money laundering, identification and verification documentation);
- information about transactions with any Authorized Entity or others;
- information captured on any Authorized Entity’s website, fund data room and/or investor reporting portal (as applicable) including registration information and any information provided through online forms and any information captured via “cookies”; and
- information from available public sources, including from:
- publicly available and accessible directories and sources;
- bankruptcy registers;
- tax authorities, including those that are based outside the UK and the EEA if you are subject to tax in another jurisdiction;
- governmental and competent regulatory authorities to whom any Authorized Entity has regulatory obligations;
- credit agencies; and
- fraud prevention and detection agencies and organizations.
Any Authorized Entity may process the following categories of personal data:
- name, date of birth and birth place;
- contact details and professional addresses (including physical address, email address and telephone number);
- account data and other information contained in any document provided by potential investors to the Authorized Entities (whether directly or indirectly);
- information regarding a potential investor’s use of Cressey’s website, fund data room and investor reporting portal (e.g., cookies, browsing history and/or search history);
- risk tolerance, transaction history, investment experience and investment activity;
- information regarding a potential investor’s status under various laws and regulations, including such potential investor’s social security number, tax status, income and assets;
- accounts and transactions with other institutions;
- information regarding a potential investor’s interest in the applicable fund(s), including ownership percentage, capital investment, income and losses and any other confidential information relating to such potential investor;
- information regarding a potential investor’s citizenship and location of residence;
- source of funds used to make the investment in the applicable fund(s); and
- anti-money laundering, identification (including passport and drivers’ license) and verification documentation.
Any Authorized Entity may, in certain circumstances, combine personal data it receives from a potential investor with information that it collects from, or about such potential investor. This will include information collected in an online or offline context.
One or more of the Authorized Entities are “data controllers” of personal data collected in connection with the applicable fund(s). In simple terms, this means such Authorized Entities: (i) “control” the personal data that they or other Authorized Entities collect from potential investors or other sources; and make certain decisions on how to use and protect such personal data.
There is a need to process personal data for the purposes set out in this Privacy Notice as a matter of contractual necessity under or in connection with the applicable agreement of limited partnership or other governing agreement (the “ Partnership Agreement”) and associated documentation for the fund(s) in which the data subject has or may invest, and in the legitimate interests of the Authorized Entities (or those of a third party) to operate their respective businesses. From time to time, an Authorized Entity may need to process the personal data on other legal bases, including: with consent; to comply with a legal obligation; if it is necessary to protect the vital interests of a potential investor or other data subjects; or if
it is necessary for a task carried out in the public interest.
A failure to provide the personal data requested to fulfill the purposes described in this Privacy Notice may result in the applicable Authorized Entities being unable to provide the services in connection with the terms of the Partnership Agreement and/or the subscription agreement for such fund (the “Subscription Agreement”).
Purpose of processing
The applicable Authorized Entities process the personal data for the following purposes (and in respect of paragraphs (3), (4) and (5), in the legitimate interests of the Authorized Entities):
- The performance of obligations under the Partnership Agreement and/or the Subscription Agreement (and all applicable anti-money laundering, KYC and other related laws and regulations) in assessing suitability of potential investors in the applicable fund.
- The administrative processes (and related communication) carried out between the Authorized Entities in preparing for the admission of investors to the applicable fund.
- Ongoing communication with potential investors, their representatives, advisors and agents (including the negotiation, preparation and signature of documentation) during the process of admitting potential investors to the applicable fund.
- The ongoing administrative, accounting, reporting and other processes and communication required to operate the business of the applicable fund in accordance with the Partnership Agreement and other applicable documentation between the parties.
- Any legal or regulatory requirement.
- Keeping investors informed about the business of the general partner of the applicable fund and its affiliates generally, including offering opportunities to make investments other than to the applicable fund.
- Any other purpose that has been notified, or has been agreed, in writing.
The Authorized Entities monitor communications where the law requires them to do so. The Authorized Entities also monitor communications, where required to do so, to comply with regulatory rules and practices and, where permitted to do so, to protect their respective businesses and the security of their respective systems.
Sharing and transfers of personal data
In addition to disclosing personal data amongst themselves, any Authorized Entity may disclose personal data, where permitted by EU and UK Data Protection Legislation, to other service providers, employees, agents, contractors, consultants, professional advisers, lenders, data processors and persons employed and/or retained by them in order to fulfill the purposes described in this Privacy Notice. In addition, any Authorized Entity may share personal data with regulatory bodies having competent jurisdiction over them, as well as with the tax authorities, auditors and tax advisers (where necessary, required by or advisable to comply with law).
Any Authorized Entity may transfer personal data to a Non-Equivalent Country (as defined below), in order to fulfill the purposes described in this Privacy Notice and in accordance with applicable law, including where such transfer is a matter of contractual necessity to enter into, perform and administer the Partnership Agreement and Subscription Agreement, and to implement requested pre-contractual measures.
For information on the safeguards applied to such transfers, please contact the Chief Compliance Officer of Cressey at email@example.com.
For the purposes of this Privacy Notice, “Non- Equivalent Country” shall mean a country or territory other than: (i) a member state of the EEA; (ii) the UK; or (iii) a country or territory which has at the relevant time been decided by the European Commission in accordance with EU and UK Data Protection Legislation to ensure an adequate level of protection for personal data.
Retention and security of personal data
Cressey and its affiliates consider the protection of personal data to be a sound business practice, and, to that end, employ appropriate technical and organizational measures, including robust physical, electronic and procedural safeguards to protect personal data in their possession or under their control.
Personal data may be kept for as long as it is required for legitimate business purposes or to perform contractual obligations, or, where longer, such longer period as is required by applicable legal or regulatory obligations. Personal data will be retained throughout the life cycle of any investment in a fund managed by Cressey. However, some personal data will be retained after a data subject ceases to be an investor in such fund.
Data Subject Rights
It is acknowledged that, subject to applicable EU and UK Data Protection Legislation, the data subjects to which personal data relates, have certain rights under EU and UK Data Protection Legislation: to obtain information about, or (where applicable) withdraw any consent given in relation to, the processing of their personal data; to access and receive a copy of their personal data; to request rectification of their personal data; to request erasure of their personal data; to exercise their right to data portability; and the right not to be subject to automated decision-making. Please note that the right to erasure is not absolute and it may not always be possible to erase personal data on request, including where the personal data must be retained to comply with a legal obligation. In addition, erasure of the personal data requested to fulfill the purposes described in this Privacy Notice may result in the inability to provide the services required pursuant to the Partnership Agreement and Subscription Agreement.
In case the data subject to whom personal data relate disagrees with the way in which their personal data is being processed in relation to the Partnership Agreement or Subscription Agreement, the data subject has the right to object to this processing of personal data and request restriction of the processing. The data subject may also lodge a complaint with the competent data protection supervisory authority in the relevant jurisdiction.
The data subject may raise any request relating to the processing of his or her personal data with the Chief Compliance Officer of Cressey at firstname.lastname@example.org.
Regulatory Disclosures and Other Important Information
Cressey & Company LP (“Cressey”) is an investment adviser registered with the United States Securities and Exchange Commission (“SEC”). Registration with the SEC or any state securities authority does not imply a certain level of skill or training.
All information contained on this website is for informational purposes only, and nothing herein is intended to constitute or should be construed as legal, tax, accounting, finance or investment advice or an investment recommendation. Furthermore, nothing on this website constitutes, and nothing shall be deemed to constitute, an offer to sell, solicitation of an offer to buy or a recommendation for any security of a company to any person by Cressey or any third party. Any offer or solicitation relating to securities will only be made by delivery of final offering documentation. In addition, all information provided on this website is published without consideration of any person’s individual circumstances, financial or otherwise. Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including the evaluation of any investment or other risks with respect to any of the information provided herein. You agree to consult your own professional advisors as to any legal, business, tax, accounting, financial, investment or other advice regarding any information provided in connection with this website.
Although Cressey intends to provide accurate and up-to-date information on this website, at times there may be errors in the information provided. Cressey may not be able promptly to update or correct information even if it is aware that such information is inaccurate, outdated or otherwise inappropriate. Therefore, this website is provided on an “as is” basis with no warranties of any kind. Cressey does not warrant that the information on this website is accurate, reliable, up-to-date or correct, that this website will be available at any particular time or location, or that this website is free of viruses or other harmful components. Your use of this site and use or reliance upon any of its content is solely at your own risk. Neither Cressey nor any of its members, officers, directors, employees or agents are responsible for any damages, liabilities or injury, including, but not limited to, indirect, incidental, special, exemplary, punitive or consequential damages, or for any lost profits or losses, however caused, arising out of your use of (or inability to use) this website.
In addition, certain information included on this website was derived from third-party materials or other sources believed to be accurate, but no independent verification has been made of such material or other sources. Any subjective views or opinions expressed herein are those of Cressey and should not be construed as absolute statements and are subject to change without notice to you.
Certain links, including links to portfolio company websites, as well as inclusion of its logos, are provided on this website. These links and logos are provided as a convenience and do not imply Cressey’s sponsorship or approval of any of these websites or their content. Cressey has no control over or responsibility for other websites that may be accessible from this website, the contents thereof, their security or privacy policies, or any products/services that may be offered by them. If you access any third-party website through this website or because it is referred to in this website, you do so at your own risk. Links to or from this website do not constitute an endorsement by Cressey of the parties or businesses which are so linked, nor do they necessarily indicate any affiliation between Cressey and such parties or businesses.
All content included on this website, such as descriptions, pictures, documents, graphics, logos, articles and other material, is the property of Cressey or others and is protected by copyright and/or other laws. The inclusion of content on this site does not grant, by implication, estoppel or otherwise, any license or right to use any of such content without the prior written permission of Cressey or other owner of the content. All trademarks and logos displayed on this website are the property of their respective owners, who may or may not be affiliated with Cressey. Any unauthorized use thereof may violate copyright laws, trademark laws, the laws of privacy and publicity and other applicable regulations and statutes.
This website contains forward-looking statements, which reflect Cressey’s current views with respect to, among other things, the operations and performance of its business and investments. These forward-looking statements can be identified by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. Cressey undertakes no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise. Any transactions described on this website as having been engaged in by Cressey are included as representative transactions for illustrative purposes only, and may not be representative of all transactions engaged in by Cressey.
References herein to combined or cumulative years in the healthcare industry and/or the investment experience of certain Cressey professionals include time spent and experience gained at firms unaffiliated with Cressey, including, without limitation, Thoma Cressey Bravo, Inc. (“TCB”), prior to Cressey commencing operations in 2008. Certain members of the Cressey team provided support for and jointly managed investments of TCB, which managed both healthcare and non-healthcare investments. The Cressey team’s focus with respect to TCB’s investments related solely to its healthcare investments.
The persons identified herein as members of the Distinguished Executives Council are independent contractors that are advisors to Cressey and portfolio companies of Cressey, and are neither employees nor affiliates of Cressey entities.
Further information about Cressey is also available in Form ADV Part 2, filed with the SEC, available here: https://adviserinfo.sec.gov.