This Privacy Notice (this “Notice”) describes how Sagard Holdings Manager LP, Sagard Holdings Manager (US) LLC and Sagard Holdings Manager (Canada) Inc. (“Sagard”) and certain of their affiliates and delegates (together, “we,” “us,” “our”) collect, use, share, transfer, store, and protect (“process”) personal information (“personal data”).
Who This Notice Affects
This Notice directly affects prospective, current, and past individual investors and beneficiaries. If you are a representative of a company or institution providing us with personal data on individuals for any reason in relation to your investment or business relationship with us, this Notice may be relevant to those individuals.
The Personal Data We Collect
We obtain certain information that constitutes personal data by virtue of your making an investment in Sagard and/or by otherwise engaging with us (e.g. through the initial application process; through electronic communications or phone calls), by virtue of receiving information on individuals connected with an investor, or through third party sources (including background, credit and regulatory check services).
While the personal data we collect may vary depending on the capacity in which you deal with us as an individual, as well as the jurisdiction where you reside, “personal data,” as used in this Notice means any information that, either alone or when combined with other information, identifies or otherwise relates to an individual. Such personal data may include, though is not limited to, name; address; date of birth; identity verification information; governmental identifiers such as social security/insurance number; citizenship and residency data; anti-money laundering and tax data; asset and liability data; income; investment experience; your beneficiaries and signatories; account information and transaction history.
We may also collect information about you from your interactions with our websites or mobile apps through the placement of cookies, pixels and similar technologies. This may include your IP address, device information and approximate geolocation obtained from the location of your device when accessing our websites or apps, as well as how you use our websites or apps and any preferences you set such as region or language. Generally, this information cannot directly identify you (for example, it is not associated with your name.) Note that some browsers may have “do not track” settings, but we do not honor such browser settings.
How We May Use Personal Data
We may process personal data for the following purposes:
- for the performance of our rights and obligations under contracts and our constitutional and operational documents, such as for accounting and administration purposes and to provide our investment products and services;
- for compliance with legal or regulatory obligations, such as anti-money laundering requirements, global tax reporting obligations and regulatory or judicial requests;
- for our legitimate interests, such as in connection with the investigation and assertion of our legal interests, security and fraud prevention purposes, the sale or reorganization of all or a portion of our business, to analyze our performance, to communicate with you, to offer products or services from Sagard, our affiliates and our partners or to develop new investments or business opportunities;
- with respect to information collected via cookies and similar technologies, to understand our user base, monitor the performance of our websites and apps, improve the user experience, and to ensure the security of our digital services; and/or
- for other purposes, with your consent or at your request.
Why We Transfer Personal Data
We do not sell personal data. We may share personal data with business partners to offer products and services that complement your relationship with us; we will ask for your consent to do this where the law requires it. We may transfer information to our affiliates and delegates and third-party service providers (including credit bureaus and background search services in order to accurately identify you if we collect personal data from them, third party fund administrators, investment managers, depositaries, auditors, professional supervisory firms and advisors such as consultants and legal counsel) for the purposes described in this Notice. In certain circumstances, we may be legally obliged to share personal data with relevant tax, securities, banking and other regulatory authorities as well as other financial institutions in the various jurisdictions where we operate. We may also share personal data as required or allowed by law, including in connection with investigation and establishment of our legal rights, in connection with the sale or reorganization or all or a portion of Sagard, and as otherwise described in this Notice.
The administrator or manager for a particular Sagard fund (the “Administrator/Manager”) may use personal data where necessary for compliance with a legal obligation to which it is directly subject, such as to comply with applicable law in the area of anti-money laundering and counter terrorist financing, where required for global tax reporting purposes, or where mandated by a court order or regulatory sanction. The Administrator/Manager, with respect to this specific use of personal data, acts as a data controller.
The depositary for a particular Sagard fund (the “Depositary”) is also a separate controller of the personal data of holders of interests or shares, applicants for interests or shares, beneficial owners, and directors and officers of holders of interests or shares. Such personal data may be processed by the Depositary to the extent that it is necessary to comply with its own obligations, including under anti-money laundering legislation and in the discharge of its statutory oversight and monitoring obligations.
This sharing of data may involve transfer of data across domestic or international borders, and we may share personal data to meet international compliance obligations and consistent with the purposes explained in this Notice. Where data about persons in the EU are shared outside the EEA or a third country where the European Commission has not issued a finding of adequacy regarding data protection, any necessary and appropriate standard contractual clauses or other compliance mechanisms will protect the processing of personal data in accordance with applicable data protection regulations.
Data Protection Measures
We intend to safeguard data we hold or process and maintain physical, electronic and administrative controls to safeguard personal information about current, former and prospective investors; nonetheless, no method of data storage or transmission is completely secure, and we do not guarantee the security of data. If you believe your personal data may have been compromised, please contact us immediately. We shall notify you of any personal data breach consistent with applicable legal requirements.
Data Protection Rights
Data protection laws provide certain rights regarding the use of personal data. We will honor those rights as appropriate under applicable law and will review and respond to other requests with respect to personal data. The potentially applicable rights vary by jurisdiction and may include rights to access data, examine and correct data, data portability, restrict the use of data, withdraw consent given to the processing of data, receive information regarding certain entities to whom we disclose personal data; and to lodge a complaint with an applicable data protection regulator. Please note that the right for data to be erased (the “right to be forgotten”) that applies in some jurisdictions and in certain contexts is not likely to be applicable to most, if not all, of the personal data we hold, given the specific nature of the purposes for which we use the data and applicable regulatory and accounting requirements that require us to maintain appropriate books and records.
If you want to exercise any of these rights, please submit a written request using the contact information provided below. In your request, please make clear: (i) what personal data is concerned and (ii) which of the above rights you want to enforce. For your protection, we may need to verify your identity and the identity of any agent purporting to act on your behalf before responding. We will comply with your request in a reasonably prompt manner, but in any event within the legally mandated timeframes unless an extension of that timeframe is appropriate. We do not and will not discriminate against anyone who exercises any of the abovementioned rights.
Retention of Personal Data
We have internal policies and procedures governing the use, protection, retention and destruction of personal data throughout our relationship with you. We may retain personal data for a period of eight years following disinvestment or the point where your business relationship with us has ceased. Thereafter, we shall take appropriate steps to anonymize or dispose of any records containing personal data, unless further retention is required by applicable legal obligation.
Updates to this Notice
This Privacy Notice was last updated on April 25, 2023. We may change this Notice at any time and will notify investors of material changes. A current copy of the Privacy Notice will be posted on our websites.
Getting in Touch
Should you have queries or wish to discuss your data protection rights, please contact your usual Sagard contact or contact our Privacy Officer at [email protected].