Durable Capital Partners LP California-Specific Privacy Policy

Durable Capital Partners LP and its affiliates (together, “Durable,” “we,” “us,” or “our”) believe that protecting the privacy of our current, former, and prospective investors (who are natural persons), as well as our online visitors is important. The following privacy policy (“Privacy Policy”) explains how we collect, use, and disclose personal data (as defined below) from and about you through your interactions with us, including your interactions with our website, www.durablecap.com (the “Website”).

If you are a California resident, please review the below section, Additional Information for California Residents for additional disclosures, our Notice at Collection, and a description of your rights under the California Consumer Privacy Act (with any implementing regulations and as may be amended from time to time, “CCPA”).

If you are a fund investor, please note that our information practices are explained in a separate notice provided in our subscription materials.

Personal Data Collected
Durable may collect personal data about you when you visit our Website, to facilitate your investments, and for our business and commercial purposes. “Personal data” for the purposes of this Privacy Policy means any information that can help us directly or indirectly identify you and includes nonpublic personal information and, with regard to California residents only, personal information as defined under the CCPA.

Depending on how you interact with us, we may collect the following categories of personal data from or about you, including:

  • Identifiers and similar information such as a name, address, date of birth, email address, Social Security number, driver’s license number, passport number, online identifiers or other similar identifiers.

  • Additional information protected under certain federal or state laws, like a signature, credit card, state identification card number, bank account or other financial information.

  • Characteristics of protected classifications under certain federal or state laws, including gender or marital status.

  • Commercial information, including purchasing histories or tendencies such as funds invested, investments considered or sources of wealth.

  • Internet or other electronic network activity information, including interactions with our Website (or that of our administrator) or use of certain online tools.

  • Professional or employment‐related information, including occupation, compensation, employer and title.

  • Audio, electronic, visual or similar information.

  • Inferences drawn from any of the information identified above to create a profile reflecting your preferences or similar information.

  • Sensitive personal information under the CCPA such as your passport number, driver’s license, and state identification card.

Sources of Personal Data
Durable may collect personal data about you directly from you and/or your intermediaries through sources such as:

  • subscription agreements, side letters and other forms or related documentation;

  • written, electronic or verbal correspondence with us or our service providers;

  • investor transactions;

  • an investor’s brokerage or financial advisory firm, financial advisor, or consultant; and/or

  • from information captured on applicable websites.

In addition, Durable may collect personal information from different sources, such as:

  • our affiliates, our service providers or our affiliates’ service providers;

  • public websites or other publicly accessible directories and sources, including bankruptcy registers, tax authorities, governmental agencies and departments and regulatory authorities; and/or

  • from credit reporting agencies, sanctions screening databases, or from sources designed to detect and prevent fraud.

Purposes for Collection and Use of Personal Data
Durable may collect or use your personal data for various business or commercial purposes, including:

  • performing services on behalf of a fund, including maintaining or servicing accounts, providing investor relations services, processing subscriptions, verifying information, processing payments, or providing similar services;

  • performing our contractual obligations to an investor, including providing updates on a fund’s performance, tax reporting and other operational matters;

  • detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, including preventing fraud and conducting “Know Your Client,” anti-money laundering, terrorist financing, and conflict checks; and

  • enabling or effecting commercial transactions, including using bank account details to remit funds and process distributions.

Disclosure of Personal Data
Durable may disclose all or some of your personal data that we collect with our affiliates in order to service your account. Otherwise, we do not disclose any personal data about you, except:

  • to counterparties, intermediaries and service providers, including administrators, banks, auditors, law firms, consultants, placement agents and entities that have been advised as to the proper handling of such data;

  • at your request or direction or with your consent;

  • as reasonably necessary to prevent fraud, unauthorized transactions or liability;

  • in the event we seek to buy or sell any business or assets, we may release information about you to the prospective buyer or seller and if we or substantially all of our assets are acquired by a third party your personal data will be one of the transferred assets; and/or

  • as otherwise permitted or required by law or regulation, including, but not limited to, governmental organizations and self-regulatory organizations.

We require third‐party service providers and financial institutions to protect the confidentiality of personal data and to use such personal data only for the purposes for which it was disclosed to them.

Security of Personal Data
Durable will take reasonable steps and use technical, administrative and physical security measures appropriate to the nature of the information and that comply with applicable laws to protect investors’ and users’ personal data against unauthorized access and exfiltration, acquisition, theft, or disclosure. We generally restrict access to personal data to those employees and agents who have been informed as to the proper handling of such information and who need to know such data to provide services to clients. Given the nature of information security, there is no guarantee that such safeguards will always be successful.

Links to External Website
Durable’s Website may contain links to third‐party websites. Any access to and use of such third‐party websites is not governed by this Privacy Policy, but, instead, is governed by the privacy policies of those third‐party websites. Durable is not responsible for the information practices of such third‐party websites.

Marketing to You
We may send communications about our services and events to you. You can opt out of these communications by contacting us using the details in the section “Contact Information” below.

Cookies and Similar Technologies
Cookies are small text files that are stored in your computer’s memory and hard drive, or in your mobile device or tablet, when you visit certain web pages. They are used to enable websites to function or to provide information to the owners of a website, or other third parties which receive data obtained from that website. Currently, our Website does not use non-necessary cookies or similar tracking technologies. Please note that some of our third party service providers may use cookies and similar technologies to support the operation of our digital offerings. These entities may be collecting such information in order to provide services to or for us. You should be aware that these third party service providers may have different privacy policies and information security practices, as such, we encourage you to read the privacy statements provided by other websites before you provide personal data to them.

Do Not Track
Our Website does not currently take any action when it receives a “Do Not Track” request. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For details, including how to turn on Do Not Track, visit www.donottrack.us.

Additional Information for California Residents
The CCPA imposes certain obligations on Durable and grants certain rights to California residents (“California Resident,” “you,” or “your”) with regard to “personal information.” If you are a California Resident, please review the following information about our privacy practices surrounding how and why we collect, use, and disclose your personal information and your potential rights with regard to your personal information under the CCPA. The rights described herein are subject to exemptions and other limitations under applicable law.

Terms used in this California-specific section have the meaning ascribed to them in the CCPA. Durable is a “business.”

Notice at Collection and Use of Personal Information

Information We Collect

Depending on how you interact with us, we may collect the categories of personal information listed above in the section “Personal Data Collected.”

Purpose for Collection and Use of Information

We may collect and use your personal information for the purposes described above in the section “Purposes for Collection and Use of Personal Data.”

Sale or Sharing of Personal Information

We do not sell or share your personal information (as such terms are defined under the CCPA).

How Long We Keep Information

How long we keep your personal information will vary depending on the type of personal information and our reasons for collecting it. The retention period will be determined by various criteria, including the purposes for which we are using it (as it will need to be kept for as long as is necessary for any of those purposes) and our legal obligations (as laws or regulations may set a minimum period for which we have to keep your personal information). In general, we will retain your personal information for as long as we require it to perform our contractual rights and obligations or for periods required by our legal and regulatory obligations.

For more information about our privacy practices, please review our entire Privacy Policy.

Our Collection, Use, and Disclosure of Personal Information and Sensitive Personal Information

What Information We Have Collected, the Sources from Which We Collected It, and Our Purpose for Collecting the Information

In the preceding 12 months, depending on how you interact with us, we may have collected the categories of personal information listed above in the section, “Personal Data Collected.” We may collect personal information from all or some of the categories of sources listed in the section, “Sources of Personal Data.” We may collect all or a few of these categories of personal information for the business or commercial purposes identified in the section, “Purposes for Collection and Use of Personal Data.”

Our Disclosure of Personal Information

Durable does not sell or share your personal information (as those terms are defined under the CCPA). We do not knowingly sell the personal information of California residents under 16 years old. In the preceding 12 months, we may have disclosed for a business purpose the following categories of personal information to the following categories of third parties, as described in the following chart:

 
 
Category of Personal Information Category of Third Party
Identifiers (for example your name, address, DOB, SSN, driver’s license, passport number, and online identifiers) ♦ Counterparties and intermediaries (e.g., broker-dealers) in connection with investments and transactions or for operational, legal/compliance or cybersecurity purposes.

♦ Third parties as needed to complete a transaction, including financial institutions or advisors, entities that assist with fraud prevention, administrators, custodians or lenders to or creditors of a fund.
Additional information protected under certain federal or state laws (for example, a signature, state identification card number, financial information, or bank account information) ♦ Counterparties and intermediaries (e.g., broker-dealers) in connection with investments and transactions or for operational, legal/compliance or cybersecurity purposes.

♦ Third parties as needed to complete a transaction, including financial institutions or advisors, entities that assist with fraud prevention, administrators, custodians or lenders to or creditors of a fund.
Characteristics of protected classifications under certain federal or state laws (for example, gender, age, national origin, citizenship, or marital status) ♦ Counterparties and intermediaries (e.g., broker-dealers) in connection with investments and transactions or for operational, legal/compliance or cybersecurity purposes.

♦ Third parties as needed to complete a transaction, including financial institutions or advisors, entities that assist with fraud prevention, administrators, custodians or lenders to or creditors of a fund.
Commercial Information (for example, records of products or services purchased, obtained or considered, or purchasing histories or tendencies, including funds in which you are invested, investments considered, or sources of wealth) ♦ Counterparties and intermediaries (e.g., broker-dealers) in connection with investments and transactions or for operational, legal/compliance or cybersecurity purposes.

♦ Third parties as needed to complete a transaction, including financial institutions or advisors, entities that assist with fraud prevention, administrators, custodians or lenders to or creditors of a fund.
Internet or Electronic Network Activity Information, including interactions with our Website or use of certain online tools ♦ Third parties as needed to complete a transaction, including financial institutions or advisors, entities that assist with fraud prevention, administrators, custodians or lenders to or creditors of a fund.
Professional or Employment‐ Related Information, including occupation, compensation, employer, and title ♦ Counterparties and intermediaries (e.g., broker-dealers) in connection with investments and transactions or for operational, legal/compliance or cybersecurity purposes.

♦ Third parties as needed to complete a transaction, including financial institutions or advisors, entities that assist with fraud prevention, administrators, custodians or lenders to or creditors of a fund.
Inferences drawn from any of the information identified above to create a profile reflecting your preferences or similar information, including your potential interest in investing in new funds ♦ Counterparties and intermediaries (e.g., broker-dealers) in connection with investments and transactions or for operational, legal/compliance or cybersecurity purposes.

♦ Third parties as needed to complete a transaction, including financial institutions or advisors, entities that assist with fraud prevention, administrators, custodians or lenders to or creditors of a fund.

In addition, in the preceding 12 months, we may have disclosed all of the categories of personal information identified in “Personal Data Collected” section above, to the following categories of third parties: (i) judicial courts, regulators, or other government agents purporting to have jurisdiction over us, our subsidiaries or our affiliates, or opposing counsel and parties to litigation; and (ii) other third parties as may otherwise be permitted by law. We may disclose personal information to all of the third parties listed above to comply with our legal obligations or for the business or commercial purposes identified above in “Purposes for Collection and Use of Personal Data.” Additionally, we may disclose your personal information to third parties upon your request, at your direction or with your consent.

Durable also may disclose or make your personal information available to our service providers such as our administrator, tax and accounting providers, IT provider, CRM, other entities that have agreed to limitations on the use of your personal information, or entities that fit within other exemptions or exceptions in or as otherwise permitted by the CCPA.

Use and Disclosure of Sensitive Personal Information

As noted above in “Collection of Personal Data” under the CCPA, certain personal information we collect and process may be considered “sensitive personal information.” The CCPA requires that we provide you with a right to limit our use or disclosure of such sensitive personal information in certain circumstances. Currently we are not using your sensitive personal information for purposes that would require that we provide you with a right to limit.

California Residents’ Rights under the CCPA

If your personal information is subject to the CCPA, you may have certain rights with regard to such personal information, including the right to:

1. Be informed, at or before the point of collection, of the categories of personal information to be collected and the purposes for which the categories of personal information shall be used.

2. Request that Durable delete any personal information about you that we collected or maintained, subject to certain exceptions (“Request to Delete”). Durable reserves the right to retain, and not to delete, certain personal information after receipt of a Request to Delete from you where permitted by the CCPA.

3. Request that Durable, as a business that collects personal information about you and that discloses your personal information for a business purpose, disclose to you (“Request to Know”):

  • The categories of personal information we have collected about you.

  • The categories of sources from which we collected the personal information.

  • The business or commercial purpose for collecting or selling the personal information.

  • The categories of third parties with which we disclose personal information.

  • The specific pieces of personal information we have collected about you.

4. Opt‐out of the “sale” (as that term is defined in the CCPA) of your personal information if a business sells your personal information (we do not).

5. Opt-out of the “sharing” (as that term is defined in the CCPA) of your personal information if a business shares your personal information with third parties (we do not).

6. Request to limit the use and disclosure of sensitive personal information where required by the CCPA (“Right to Limit”) (please note that we are not using your sensitive personal information for purposes that would require that we provide you with a Right to Limit).

7. Correct inaccurate personal information (“Request to Correct”).

8. Not be discriminated against because you exercised any of your rights under the CCPA.

The CCPA does not restrict Durable’s ability to do certain things like comply with other laws or comply with regulatory investigations. In addition, the CCPA does not apply to certain information like personal information collected, processed, sold or disclosed pursuant to the federal Gramm-Leach-Bliley Act and its implementing regulations.

How to Submit a Request under the CCPA

If your personal information is subject to the CCPA, you may submit a Request to Know, Request to Correct, or Request to Delete (“Consumer Rights Request”) as described above, through the following toll-free telephone number 1-888-909-0495, or via the email legalnotices@durablecap.com.

Durable is only required to respond to verifiable Consumer Rights Requests made by a California resident or their legally authorized agent. When you submit a Consumer Rights Request, we may ask that you provide clarifying or identifying information to verify your request. Such information may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, your name and email address. Any information gathered as part of the verification process will be used for verification purposes only.

You are permitted to designate an authorized agent to submit a Consumer Rights Request on your behalf and have that authorized agent submit the request through the aforementioned methods. In order to be able to act, authorized agents have to submit proof that they are authorized to act on your behalf, or have a power of attorney. We may also require that you directly verify your own identity with us and irectly confirm with us that you provided the authorized agent permission to submit the request.

Durable will deliver responses to verifiable consumer requests, free of charge, by mail or electronically, at your election. Durable will try to respond to your Requests to Know or to Delete within forty-five (45) days of receipt of the request. If we require more time, we will try to inform you of our need for an extension. Even with an extension, we will try to provide a response within ninety (90) days of initial receipt of the request.

Keep in mind that Durable is not required to provide information in response to Requests to Know more than twice in a 12-month period. Any response to a Request to Know will only cover the 12-month period preceding the verifiable request.

Information for Cayman Investors
For investors in the Cayman Islands Funds, please also see the data privacy notice provided with your subscription documents regarding your rights under the Cayman Islands Data Protection Law, 2017.

Notification of Changes
Any changes to this Privacy Policy will be posted to this Website. Accordingly, please refer back to this Privacy Policy frequently as it may change. This Privacy Policy was last updated on August 14, 2023.

Contact Information
This Privacy Policy available in alternative formats upon request. If you have any questions concerning this Privacy Policy, or to request this CA Privacy Policy in an alternative format, please contact us at legalnotices@durablecap.com.