General
This Privacy Policy explains what Personal Information (as defined below) we collect, how we use and share that Personal Information, and your choices concerning our information practices. Please review this Privacy Policy carefully and contact privacy@winhillcapital.com if you have any questions. By using the website, you confirm that you have read and understood this Privacy Policy. If you do not agree to this Privacy Policy, please do not access the website.
Certain processing of your Personal Information by WinHill Capital, L.P. (“WinHill Capital”) may be subject to data protection and privacy laws, including the EU’s General Data Protection Regulation (the “GDPR”), the UK Data Protection Act of 2018 along with the “GDPR” as retained UK law by the European Union (Withdrawal) Act 2018 (together, the “UK GDPR”). For the avoidance of doubt, WinHill Capital may process the Personal Information of individuals in the EU and the UK who use the website and/or our Social Media Pages or Personal Information which is otherwise subject to the GDPR and/or the UK GDPR (the “EU/UK Processing”). In relation to the EU/UK Processing, WinHill Capital will be a “controller”, which means that WinHill Capital determines why and how your Personal Information collected via this website will be used.
This Privacy Policy makes clear where its disclosures apply only to the EU/UK Processing. All other disclosures in this Privacy Policy are generally applicable to all processing of Personal Information.
Personal Information 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:
Social Media Information: We have pages on social media sites like Twitter and LinkedIn (“Social Media Pages”). When you interact with our Social Media Pages, we will collect Personal Information that you elect to provide to us, such as your contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.
Internet Activity Information: When you visit, use, and interact with the website, we may receive certain information about your visit, use, or interactions. For example, we may monitor the number of people that visit the website, peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., Google.com, Yahoo.com, etc.), and which browsers people use to access the website (e.g., Chrome, Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and navigation patterns. In particular, the following information is created and automatically logged in our systems:
Log Information: Information that your browser automatically sends whenever you visit the website. Log Information includes your Internet Protocol (“IP”) address, browser type and settings, the date and time of your request, and how you interacted with the website.
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 website, such as the types of content that you view or engage with, and the time, frequency, and duration of your activities.
Location Information: We derive a rough estimate of your location from your IP address.
Cookies: Our website does not use cookies. If this changes, we will update this Privacy Policy and provide any choices required by applicable law.
Online Tracking and Do Not Track Signals: Our website 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 update this Privacy Policy to describe how we do so.
How We Use Personal Information
We rely on various legal bases under the GDPR and the UK GDPR in order to process your Personal Information, including our legitimate interests, contractual necessity and as required by law. We may use Personal Information for the following purposes:
To analyze how you interact with our website;
To maintain and improve the website;
To develop new products and services;
To prevent fraud, criminal activity, or misuses of our website, and to ensure the security of our IT systems, architecture, and networks; and
To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties.
We do not collect any special categories of Personal Information (including details about your race or ethnicity, religious or philosophical beliefs, information about your health and genetic and biometric data) or any information about criminal convictions and offences.
If we require your Personal Information due to a legal requirement or obligation or in order to perform a contract with you, we will make you aware of this at the time we collect your Personal Information, and the possible consequences of you failing to provide this Personal Information.
We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Information for an unrelated purpose, we will notify you and explain the legal basis which allows us to do so.
Aggregated Information: We may aggregate Personal Information and use the aggregated information to analyse the effectiveness of our website, to improve and add features to our website, and for other similar purposes. In addition, from time to time, we may analyse the general behaviour and characteristics of users of our website and share aggregated information like general user statistics with prospective business partners. We may collect aggregated information through the website, through cookies, and through other means described in this Privacy Policy.
Profiling: No automated decision making, including profiling, is used when processing your Personal Information.
Retention: We will keep your Personal Information only for as long as is reasonably necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required by law. We will not keep more information than we need for those purposes.
Sharing and Disclosure of Personal Information
In certain circumstances we may share Personal Information without further notice to you, unless required by applicable law, as set forth below:
Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Information with vendors and service providers, including providers of hosting services, cloud services, and other information technology services providers, email communication software and email newsletter services, advertising and marketing services, payment processors, customer relationship management and customer support services, and analytics services. Pursuant to our instructions, these parties will 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 (collectively a “Transaction”), 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 a legal obligation, including to meet national security or law enforcement requirements, (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 website, or the public, or (v) protect against legal liability.
Affiliates: We may share Personal Information with our affiliates, meaning an entity that controls, is controlled by, or is under common control with WinHill Capital. Our affiliates may use the Personal Information we share in a manner consistent with this Privacy Policy.
EU/UK Disclosure: Your Personal Information may be transferred to, processed in and accessed from jurisdictions outside the EEA and the UK by WinHill Capital and the third parties with which we share your Personal Information to fulfil the purposes set out in this Privacy Policy. Specifically, your Personal Information may be transferred to WinHill Capital entities and third parties in the United States. When we transfer your Personal Information among WinHill Capital entities, or to other third party organizations, we will do so in accordance with the GDPR and/or the UK GDPR, including through the use of European Commission-approved standard contractual clauses, a third party’s binding corporate rules, or where we are entitled to rely on one of the other safeguards permitted by the GDPR and/or the UK GDPR.
Children
Our website is not directed to children who are under the age of 13. WinHill Capital does not knowingly collect Personal Information from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Information to WinHill Capital through the website please contact us at privacy@winhillcapital.com and we will endeavor to delete that information from our databases.
Security
You use the website at your own risk. We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Information to WinHill Capital via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the website, or third-party websites.
EU/UK Processing: We limit access to Personal Information subject to EU/UK Processing to those employees, agents, contractors and other third parties who have a business need to know and are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected Personal Information breach and will notify you and any applicable regulator of a breach where we are legally required to do so. We will keep your Personal Information only for as long as is reasonably necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required by law.
International Users
Except as otherwise addressed in the above EU/UK Disclosure, by using our website, you understand and acknowledge that your Personal Information will be transferred from your location to our facilities and servers in the United States.
Your Rights
US Privacy Laws: U.S. state consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information. California, Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to: (i) confirm whether we process their Personal Information; (ii) access and delete certain Personal Information; (iii) data portability; and (iv) opt-out of processing for targeted advertising and sales. California, Colorado, Connecticut, and Virginia also provide their state residents with rights to: (a) correct inaccuracies in their Personal Information, taking into account the Personal Information's nature processing purpose; and (b) opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects. Nevada provides its residents with a limited right to opt-out of certain Personal Information sales. To exercise any of these rights set forth in this section, please email us at: privacy@winhillcapital.com.
GDPR and UK GDPR: To the extent that the GDPR and/or the UK GDPR apply to our processing of your Personal Information in connection with our website, you have the following rights:
Access: You have the right to ask for a copy of the Personal Information that we hold about you free of charge, however we may charge a ‘reasonable fee’, if we think that your request is excessive, to help us cover the costs of locating the Personal Information you have requested.
Correction: You may notify us of changes to your Personal Information if the information we hold and process about you is inaccurate or it needs to be updated.
Deletion: If you think that we shouldn’t be holding or processing your Personal Information any more, you may request that we delete it. Please note that this may not always be possible due to legal obligations.
Restrictions on use: You may request that we stop processing your Personal Information (other than storing it), if: (i) you contest the accuracy of it (until the accuracy is verified); (ii) you believe the processing is against the law; (iii) you believe that we no longer need your Personal Information for the purposes for which it was collected, but you still need your Personal Information to establish or defend a legal claim; or (iv) you object to the processing, and we are verifying whether our legitimate grounds to process your Personal Information, override your own rights.
Object: You have the right to object to processing, including: (i) for direct marketing; (ii) for research or statistical purposes; or (iii) where processing is based on legitimate interests.
Portability: If you wish to transfer the Personal Information that we hold and process about you on the legal ground of contractual necessity to another organisation (and certain conditions are satisfied), you may ask us to do so, and we will send it directly if we have the technical means.
Withdrawal of consent: If you previously gave us your consent (by a clear affirmative action) to allow us to process your Personal Information for a particular purpose, not specified in this Privacy Policy, but you no longer wish to consent to us doing so, you can contact us to let us know that you withdraw that consent.
When exercising any of these rights we may need to request specific information from you to help us confirm your identity and ensure that we respond appropriately. This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it or inappropriately processed. We may also contact you to ask you for further information in relation to your request to speed up our response.
To exercise these rights, please email us at: privacy@winhillcapital.com. You also have the right to lodge a complaint regarding our processing of your Personal Information with the relevant supervisory authority, which under the GDPR, is your local supervisory authority (in particular in the EU Member State of your habitual residence, place of work or place of complaint) and under the UK GDPR, is the UK Information Commissioner’s Office (https://ico.org.uk/global/contact-us). However, we encourage you to contact us in the first instance so that we may resolve your concerns directly as best and as promptly as we can.
Changes to the Privacy Policy
The website 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. We will use information only in accordance with the Privacy Policy under which the information was collected. By continuing to use our website or providing us with Personal Information after we have posted an updated Privacy Policy, or notified you by other means if applicable, you agree that you have read and understood the revised Privacy Policy and practices described in it, which is binding on you.
Contact Us
If you have any questions about our Privacy Policy or information practices, please feel free to contact us at our designated request address: privacy@winhillcapital.com.