Privacy Policy

Effective date: October 18, 2019

 

Introduction

 

TA Realty LLC (“TA Realty”), a provider of real estate investment management services, provides this privacy policy (“Privacy Policy”) to inform you about the types of information we collect about you via our website (“www.tarealty.com”) (“the Site”) and/or via the services which we provide to you generally (collectively, including the Site, the “Service”).  This Privacy Policy is incorporated into and forms part of our Terms & Conditions.

 

This Privacy Policy sets out how TA Realty will use the personal information collected through our website and /or obtained via the services which we generally provide to you.

 

Please read this Privacy Policy to understand how we may process the personal information we collect from you.

 

1. What personal information do we collect

 

We collect information that alone or in combination with other information in our possession could be used to identify you (“Personal Information”) as follows:

 

Personal Information You Provide:  We will collect personal information that you provide to us directly, via our Site and that we obtain from our dealings with you during the course of our relationship.  This includes when you enter into an agreement with us, and any other forms and any associated documentation that you complete, and when you provide it to us in correspondence and conversations.

 

This information may include:

 

  • your first name, last name, residential address, professional address, e-mail address, telephone number and other contact details (professional and personal);
  • your date and place of birth, your citizenship and profession;
  • your identity card/passport number or other national identifier and the case being copies of your identity card/passport/other identity documents, which may include a photograph of yourself;
  • your publicly available information, such as information obtained through web searches as part of our anti-money laundering (AML) and Know Your Customer (KYC) processes;
  • the name, address and all the other information as detailed above in relation to your representative(s) and ultimate beneficial owner(s) (where applicable).

 

Personal Information We Receive Automatically From Your Use of the Service: When you visit, use and interact with the Service, we may receive certain information about your visit, use or interactions. For example, we may monitor the number of people that visit the Service, peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), which browsers people use to access the Service (e.g., Chrome, Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and navigation pattern. In particular, the following information may be created and automatically logged in our systems:

 

  • Log data: Information that your browser automatically sends whenever you visit the Site (“log data”). Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Site.
  • Cookies: Please see the “Cookies” section below to learn more about how we use cookies.
  • Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
  • Usage Information: We collect information about how you use our Service, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency and duration of your activities.

 

We may also collect personal information about you from a number of sources. Please see section 3 below for further information.

 

Personal Information Collected From Third Parties: We may also collect and process your personal information that we receive from, among others, the main following sources:

 

  • the Investment Advisor;
  • publicly available and accessible registries and sources, such as information obtained through web searches as part of our AML and KYC processes;
  • bankruptcy registers;
  • fraud prevention and detection agencies and organizations.

 

2. Why and how we process personal information

 

We process personal information you provide to us to enable us to ensure compliance with local legal and regulatory requirements and for the purposes of our legitimate business interests, such as for the following purposes:

 

  • enabling us to carry out our obligations arising from any contracts and to provide you with the information and services that you request from us;
  • compliance with a legal obligation to which we are subject (in particular to comply with our legal and regulatory obligations under anti-money laundering legislation by carrying out verification, know your client (KYC) and anti-money laundering checks to verify your identity, addresses, source of wealth and, if applicable your ultimate beneficial owner(s));
  • complying with our standards, policies and procedures;
  • responding to any complaints or inquiries you raise about our Service;
  • notifying you about changes to our Service;
  • to better understand how you interact with our website;
  • to protect our business against fraud, breach of confidence, theft of proprietary materials, and other financial or business crimes;
  • providing you with the relevant financial information and reports in relation to your account and your investment in one of our funds (e.g. annual audited financial statements of the fund, intermediary unaudited financial statements of the fund, other reports, factsheets, etc.);
  • otherwise communicating and providing you with appropriate notifications.

Aggregated Information: We may aggregate Personal Information and use the aggregated information to analyze the effectiveness of our Service, to improve and add features to our Service, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Services and share aggregated information like general user statistics with prospective business partners. We may collect aggregated information through the Service, through cookies, and through other means described in this Privacy Policy.

 

3. Cookies

 

(a) Cookies and other similar technologies

 

A cookie is a small data file that is placed on your computer or mobile device by your web browser when you visit a website. It is a tool that stores information about website visits, recognizes you and your preferences each time you visit a website, and ensures website functionality and generally improving your experience of a website. A cookie file can contain information such as a user ID that the site uses to track the pages you have visited, but the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. Cookies can be persistent by remaining on your computer until you delete them or be based on your browsing session where they delete once you close your browser.

 

You can find more information about cookies from these websites: www.allaboutcookies.org and www.aboutcookies.org.

 

(b) Cookies used on our website

 

This website uses Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter referred to as “Google”). Google Analytics uses cookies to help a website to analyze how users use the site. The information generated by the cookie about your use of our website (including your IP address) will be transmitted and stored by Google on servers in the USA. For further details on these cookies, please see https://policies.google.com/technologies/types.

 

You have the right to decide whether to accept or reject cookies. If you do not want to receive cookies, you can modify your browser so that it notifies you when cookies are sent to it or you can refuse cookies altogether. You can also delete cookies that have already been set. If you wish to restrict or block web browser cookies which are set on your device then you can do this through your browser settings; please visit your browser’s help menu for further details.

 

(c) Do Not Track (“DNT”) Signals.

 

As described above, we and our third party service providers may use cookies or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site. Our Site currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will describe how we do so in this Privacy Policy.

 

4. Who and how we share your personal information

 

In certain circumstances we may share your Personal Information with third parties without further notice to you, unless required by the law, as set forth below:

  • Vendors and Service Providers: To assist us in meeting business operations needs and/or to perform certain services and functions, we may share Personal Information with service providers, including hosting, cloud services and other information technology services providers; email communication software providers; data base and sales/customer relationship management services; payment processors; professional advisors including legal and tax advisors, accountants auditors, appraisers, notaries, banks and other financial institutions and payment services providers, and web analytics services. Pursuant to our instructions, these parties may access, process or store Personal Information in the course of performing their duties to us.
  • Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Information and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.
  • Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with legal or regulatory obligations, including to respond to lawful requests from public authorities and to meet national security or law enforcement requirements, applicable anti-money laundering legislation, and under applicable investment fund and company legislation, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Site, or the public, or (v) protect against legal liability.

 

5. Storing your personal information

 

TA Realty might share and transfer your personal information to other entities of their group, and to third party service providers based in the U.S., the Cayman Islands and Luxembourg.

 

6. Security of your personal information

 

We will take reasonable steps (including appropriate technical and organizational measures) to ensure your personal information is processed securely to protect the confidentiality, integrity and availability of your personal information in accordance with this Privacy Policy. The nature of the Internet is such that we cannot guarantee or warrant the security of any information you transmit to us via the internet and any transmission is at your own risk.

 

If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. You should update your password periodically to help reduce the risk of unauthorized access to your account with us. When you do, you should strengthen your password with the combination of uppercase and lowercase letters, numbers, punctuation and other symbols. Do not share this information with anyone. If you are sharing a computer with anyone you should always log out before leaving a site or service to protect access to your information from subsequent users.

 

7. How long we keep your personal information

 

We do not keep your personal information for longer than is necessary for the purposes for which they are processed by us.

To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements. For example, we have legal duties in our capacity as a Registered Investment Advisor that may apply to our keeping of your Personal Information.

 

8. For EEA residents: your rights in relation to your personal information

 

TA Realty is the data controller for your Personal Information. To find out our contact details and the contact information of our data protection representative in the EU pursuant to Article 27 of the European Union General Data Protection Regulation, please see the Contact Us section below.

 

Subject to EU law, you have the following rights in relation to your Personal Information:

 

  • Right of access: If you ask us, we may request additional information to confirm whether we are processing your Personal Information. If you require additional copies, we may need to charge a reasonable fee.
  • Right to rectification: If your Personal Information is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Information with others, we will tell them about the correction where possible.
  • Right to erasure: You may ask us to erase your Personal Information in some circumstances, such as where you want to close your account, we no longer need it or you withdraw your consent (where applicable). If we shared your data with others, we will alert them to the need for erasure where possible.
  • Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Information in certain circumstances, such as where you contest the accuracy of the data or object to us processing it (please read below for information on your right to object). We will tell you before we lift any restriction on processing. If we shared your Personal Information with others, we will tell them about the restriction where possible.
  • Right to data portability: You have the right to obtain your Personal Information from us that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will give you your Personal Information in a structured, commonly used and machine-readable format.
  • Right to object: When we rely on a legitimate interest to process our Personal Information you may ask us at any time to stop processing your Personal Information.
    • If we are processing your Personal Information for direct marketing purposes and you exercise this right, we may keep minimum information about you (for example, in a suppression list) as necessary for our and your legitimate interest to ensure your opt out choices are respected in the future and to comply with data protection laws.
  • Right to withdraw consent: If we rely on your consent to process your Personal Information, you have the right to withdraw that consent at any time, but this will not affect any processing of your data that has already taken place.
  • Right to file complaint: You also have the right to ask questions or lodge a complaint about our processing of your Personal Information with your data protection authority.

 

9. International transfer

 

TA Realty is based in the United States. If you are accessing our Service from the EU or other regions with laws governing data collection and use, please note that your Personal Information will be transferred to and stored in the United States as necessary for the purposes described in this Privacy Policy, and the data may be transmitted to our service providers supporting our business operations (described above). The United States may have data protection laws less stringent than or otherwise different from the laws in effect in the country in which you are located.

 

Where we transfer your Personal Information out of the EU we will take steps to ensure that your Personal Information receives an adequate level of security protection where it is processed and your rights continue to be protected. For more information, please contact us as described below.

 

10. Links to other websites

 

The Site may contain links to other websites not operated or controlled by us, including social media services (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.

 

11. Children

 

Our Service is not directed to children who are under the age of 16. We do not knowingly collect Personal Information from children under the age of 16. If you have reason to believe that a child under the age of 16 has provided Personal Information through the Service please contact us and we will endeavor to delete that information from our databases.

 

12. Amendments to this privacy policy

 

The Service, and our business may change from time to time. As a result, we may change this Privacy Policy at any time. When we do we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use our Service or providing us with Personal Information after we have posted an updated Privacy Policy, or notified you by other means if applicable, you consent to the revised Privacy Policy and practices described in it.

 

13. How to contact us

 

If you want more details on the processing of your Personal Information, if you have any specific queries or concerns regarding the processing of your Personal Information, if you want to exercise your rights towards us or if you would like to make a complaint, you may contact us:

 

E-mail: compliance@tarealty.com

 

EU Representative:

DP-Dock GmbH

TA Realty LLC

Ballindamm 39

20095 Hamburg, Germany

E-Mail: tarealty@gdpr-rep.com