Privacy Notice

Click here for the Privacy Notice for Job Applicants and Consultants.

Pillar Capital Management Limited (the “Company”) is committed to handling your personal information responsibly. We are providing this Privacy Notice to you so that you will know what kinds of personal information we use and collect about you and the circumstances in which that information may be disclosed to third parties. The Company may use, collect, transfer, and store personal information in accordance with service agreements covering its role as insurance manager, investment manager, and as a related party to its affiliates. 

This Privacy Notice is intended to provide individuals with clear and easily accessible information about our practices and policies with respect to personal information and is intended to comply with the requirements of the Personal Information Protection Act 2016.  This Privacy Notice is subject to change and will be updated on our website. The Board of Directors of Pillar Capital Management Limited has adopted policies and procedures relating to the use, collection, storage, transfer and protection of non-public personal information of the prospective, current, and former individual clients or investors of Pillar Capital Management Limited (collectively, the “Clients”). Pillar Capital Management Limited’s Privacy Policy is set out below.

We have always been, and we remain, committed to maintaining the confidentiality, integrity and security of our Clients’ personal information. It is our policy to respect the privacy of our current and former clients and to protect the personal information entrusted to us. This Privacy Notice describes the standards we follow for handling your personal information, with the dual goals of meeting your financial needs while respecting your privacy.

We will adhere to the policies and practices described in this Privacy Notice regardless of whether you are a potential, current or former Client.

Information We Collect
We collect non-public “personal information”, including “sensitive personal information” each as defined in Bermuda’s Personal Information Protection Act 2016 (“PIPA”), about Clients from the following sources:

  • Information on Subscription Documents or other forms. This category may include your name, address, citizenship(s) and jurisdiction of tax residence(s), tax identification number, age, marital status, assets, debts, income, employment and salary history, beneficiary information and personal bank account information.
  • Information from your transactions with us, such as your investment history in the Funds and/or the Account and your account balance.
  • Information obtained from others, such as consumer credit reporting agencies and screening software or applications.
  • Correspondence between us and you (written, telephonic or electronic).  

Your personal information will generally be used and collected for the following purposes:

  • Assessing and evaluating your initial and continued suitability as a Client; and 
  • Verifying your identity and the accuracy of your personal details and other information provided. 
  • Contractual performance or taking steps at the individual Client’s request with a view to entering into the Subscription Agreement.

Non-public personal information consists of information about you and can include information concerning your name, address, social security number, proof of identity and address, and information about your marital status and level of income and/or assets. We may also use your personal information which you have permitted to be made available to the public or which is legally obtained through government records or information that is legally required to be made public. Your personal information will be used by us in a lawful and fair manner and adequate, relevant and not in excess of the purposes for which it has been collected or used.

Information We Disclose
We will not disclose any non-public personal information about you except to our affiliates, such as our affiliated Funds, investment advisers and general partners, and to third parties, such as our administrator, accountants, attorneys, transfer agents, custodians and broker-dealers.  When sharing information with third parties, we remain responsible for ensuring that the personal information is used in accordance with applicable law. 

We may disclose all of the personal information and sensitive personal information described above to the types of third parties listed above under one or more of these circumstances:

  • As Authorized and with Consent – if you request/ consent to or authorize the disclosure of the personal information; or
  • For Our Everyday Business Purposes – if the use of the information is necessary for the service we provide. For example, sharing information with companies who maintain or service customer accounts for us is permitted and is essential for us to provide you with necessary or useful services with respect to your investment, and also pursuant to court orders, legal investigations or other provisions of law requiring such use.
  • Verifying your identity and the accuracy of your personal details and other information provided; 
  • Completing regulatory required screenings for sanctions and negative news; 
  • Facilitating our compliance with any laws, agreements, guidance, government and/or industry surveys, and regulations which may be applicable to us; 
  • Legal and regulatory compliance such as AML/ATF/Sanctions laws and regulations, CDD/KYC requirements, and tax laws and regulations such as the Common Reporting Standard (CRS) and Foreign Account Tax Compliance Act (FATCA);  
  • Contractual performance or taking steps at the individual Client’s request with a view to entering into the Subscription Agreement; and 
  • Performing services necessary to operate and act as trading advisor or to complete a transaction in furtherance of our obligations under the Subscription Agreement. 

We may also disclose your non-public personal information, unless you request that your information not be used for this purpose, to our affiliates for marketing purposes, such as to offer our products and services to you.  Further, we may disclose your non-public personal information as described above to third parties that perform marketing services on our behalf.  We do not engage in joint marketing.

Protecting Your Information

We limit access to the information we have about you to our employees and service providers who need to know such information in order for us to operate and act as trading advisor to the Investment Vehicle or to act as trading advisor over the Account. In addition, we maintain appropriate physical, electronic and procedural safeguards to protect your information.

Any party that receives your personal information pursuant to the foregoing will be authorized to use it only for the services required and as allowed by applicable law or regulation and will not be permitted to share or use this personal information for any other purpose. To protect this personal information, we permit access only by authorized employees who need access to that information to perform their jobs. To protect your non-public personal information from unauthorized access, use, destruction, modification, disclosure and other misuse, we use proportional security measures and safeguards against such risks that comply with applicable law. These measures and safeguards include computer safeguards and secured files and buildings and are subject to review and reassessment. In the event of a breach leading to the unlawful destruction or unauthorized use of or access to personal information which is likely to adversely affect an individual we will, without undue delay, notify the Privacy Commissioner and any individual affected by the breach.

Your Rights

In the course of business, the Company will use, collect, record, store, adapt, transfer and otherwise process information by which prospective individual Clients may be directly or indirectly identified in compliance with the Personal Information Protection Act 2016 of Bermuda (“PIPA”).  The Company is an organization within the meaning of PIPA and undertakes to use and hold certain personal information, including sensitive personal information, provided by individual Clients in accordance with PIPA.  The terms “use”, “personal information”, and “sensitive personal information” shall have the meaning as defined in PIPA.  As applicable to individual Clients, sensitive personal information may include information about the Client’s place of origin, nationality, ethnicity, sex, and marital status as contained in each Fund’s Subscription Documents, Part 2, Investor Questionnaire and any supporting documents provided by the Client.

Under PIPA, you have the right to request a copy or summary of the information that we hold about you. If you would like a copy or summary of some or all of your personal information, please contact Ms. Tara Railton, Privacy Officer, at ir [at] pillar-capital [dot] com or via phone at 1 441-278-8560.  We shall retain your personal information for as long as necessary under applicable laws that require us to retain your personal information, such as data retention rules.  

You may submit a written request to access your personal information or request information on the purposes for which such information is being held by us, who has access to such information, and details of the circumstances in which your personal information may be disclosed to other parties. Please contact the Privacy Officer to request the Personal Information Request form. 

You may also request that: (i) we correct an error or omission in any of your personal information held by us; (ii) we cease, or not to begin, using your personal information for the purposes of advertising, marketing or public relations, or where the use of your personal information is causing or is likely to cause substantial damage or distress to you or another individual; (iii) we erase or destroy personal information about you where that personal information is no longer relevant for the purposes of its use; and/or (iv) you would like to withdraw your consent to our use of your information. Any such requests should be sent via email to Ms. Tara Railton, the Privacy Officer (ir [at] pillar-capital [dot] com). 

By investing in or continuing to remain invested in the Company, Clients hereby consent to: 

  1. the Company’s use of their personal information and sensitive personal information as detailed in this Privacy Notice for the performance of the Subscription Agreement to which the individual Client is a party or for taking steps at the request of the individual Client with a view to entering into the Subscription Agreement, and/or because the Company’s use of the individual Client’s personal information, including sensitive personal information, is being used pursuant to Bermuda law which authorizes or requires such use; and
  2. their personal information, including sensitive personal information, being used by and transferred to employees and consultants responsible for services of the Company and/or relationship management of members of the Company as detailed in this Privacy Notice, and other existing and future Company entities and their respective affiliates and any successors, agents or delegates carrying out their functions or future Company entities which may be persons outside those jurisdictions. The individual Client’s personal information and sensitive personal information includes the information supplied on the Subscription Agreement and identification documents, and transaction and account related instructions such as address changes, contract notes and trade confirmations.

Individual Clients may request to withdraw their consent for the Company to use all or a portion of their personal information or sensitive personal information at any time, noting however that withdrawal of such consent to use personal information and sensitive personal information may not prevent the Company’s continued use of your information pursuant to Bermuda law which authorizes or requires such use.  For JIOF and PSFPL investors, see Section VI / VII (respectively), Certain Risk Factors and Potential Conflicts of Interest, in each Fund’s Private Placement Memorandum regarding the Fund reserving the right to take any action and/or pursue all remedies at its disposal, including, without limitation, compulsory redemption or withdrawal of the investor concerned should an investor withhold information or documentation whether or not such action leads to, among other things, compliance failures by the Fund.  

Except under limited circumstances described herein, all entities to which personal information and sensitive personal information are transferred are required to maintain the confidentiality of such information to the extent they receive it, and to use the information only in the course of handling their investment in the Company. Entities to which personal information is transferred may not disclose Clients’ non-public personal data to persons other than those identified in the previous paragraph except (i) as necessary to provide the services that the client has requested or authorized, or to maintain and service the client’s account, (ii) as required by regulatory or tax or foreign exchange authorities or law enforcement officials who have jurisdiction over the entity, or otherwise as required by applicable law; or (iii) to the extent reasonably necessary to prevent fraud and unauthorized transactions.

GDPR Disclosure

Please note that for our European Economic Area (“EEA”) or United Kingdom (“UK”) resident individual Clients, it is necessary that your personal data (the types of personal information described above) be transferred to the United States so that we may perform the agreed upon services for you.  Further to the EEA’s General Data Protection Regulation (“GDPR”), the European Commission has adopted a new adequacy decision for safe and trusted EU – USA data flows which states that the US ensures an adequate level of protection, comparable to that of the European Union, for personal data transferred from the EU to US companies  under the EU-US Data Privacy Framework.  The GDPR as transposed into UK law pursuant to the European Union (Withdrawal) Act 2018 (“UK GDPR”) passed an adequacy regulation similar to the EEA, that came into force on 12 October 2023. We take the security of your personal data seriously.  Any party that receives this information pursuant to the foregoing will be authorized to use it only for the services required and as allowed by applicable law or regulation and will not be permitted to share or use this information for any other purpose. To protect this information, we permit access only by authorized employees who need access to that information in order to perform their jobs. To protect your personal information from unauthorized access and use, we use security measures that comply with applicable law. These measures include computer safeguards and secured files and buildings.  

The GDPR and the UK GDPR provide EEA and UK resident individual Clients with additional rights, such as: (1) the right to receive from us your personal data that you have provided to us in a structured, commonly used and machine-readable format (right of portability), as well as the right to have us transmit your personal data that you have provided us to others, upon your request, in such a format; (2) the right to rectify any of your personal data that is inaccurate or incomplete; (3) the right to lodge a complaint of an alleged infringement of the GDPR with an EEA or UK supervisory authority in the state of your habitual residence or place of work or with the UK Information Commissioner in the case of UK residents; (4) the right to the erasure of your personal data under certain conditions specified in the GDPR and UK GDPR, such as when your personal data is no longer necessary for us to perform services for you, your consent has been withdrawn or when your personal data is no longer legally required to be retained by us; and (5) the right to restrict the processing or object to the processing of your personal data by us under certain conditions specified in the GDPR and UK GDPR, such as if you do not want us to market our products and services to you.  

You have the right to request a copy of the information that we hold about you. We may disclose your personal data to our affiliates and to third parties such as those described above.  You may opt-out/object to our marketing or request a copy of some or all of your personal information by contacting the Privacy Officer.