Notice Regarding Privacy of Financial Information

 

 

Last Updated: February 1, 2025

Fisher Lynch Capital, LLC and its affiliates (“FLC”, “we”, “us”, “our”) respect the privacy of our investors and visitors to our website (“Site”). When you interact with the public sections of our Site or otherwise communicate with us (collectively, “Services”), we may collect and process certain information about you, including information that is considered “personal information” or “personal data” under applicable law (“Information”). This Privacy Notice (“Notice”) is being provided to you to comply with applicable law so that you will know the types of Information we may collect about you, how we may use such Information, and the circumstances under which that Information may be disclosed to third parties (as well as the types of third parties). This Notice also details how we protect your Information once it is collected and how you can exercise your and choices and rights with respect to your Information.

This Notice does not cover or include any of FLC’s advisory or investment services or the investor portal accessible via the Site. If you are an investor in a fund or the holder of an account managed directly or indirectly by us (or, in either case, their representative), please refer to FLC’s Notice Regarding Privacy of Financial Information and Privacy Notice for California Residents (if applicable), available in our investor portal or otherwise provided to you, for further information about how FLC collects and processes personal information about its current, prospective, and former investors.

This Notices Describes

  • Information We Collect and How We Collect It
  • Use of Your Information
  • Protection of Your Information
  • Disclosure of Your Information
  • Your Choices and Rights
  • Retention of Your Information
  • Children’s Privacy
  • Changes to this Notice
  • Questions about this Notice
  • California Supplement

 

Information We Collect and How We Collect It

In the course of your use of our Services, we may collect Information directly from you. For example, when you communicate with us via our Site, email, phone, or any other forms of communication, you may provide us your name and contact information (e.g., physical address, email address and/or telephone numbers) and any other information you choose to provide in your or communication.

We may also collect Information about you from third parties, such as service providers.  We also may collect from Information from publicly available sources.

 

Use of Your Information

We may use your Information for the following purposes:

  • provide, maintain, and improve the Site;
  • maintain and support our internal business functions, including finance, accounting, and auditing;
  • respond to your inquiries and other communications and provide customer service;
  • help maintain the safety, security, and integrity of our Site, including to detect, investigate, and prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity;
  • comply with our legal and financial obligations, including to respond to law enforcement requests as required by applicable law, court order or governmental regulations;
  • evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of all or any portion of our, our affiliates’, or an FLC’s fund’s assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding;
  • protect the rights and property of FLC and to otherwise enforce our rights, such as enforcing our Terms and Condition; and
  • to fulfill the purpose for which you provide it, such as to respond to your inquiries or for any other purpose disclosed by us when you provide the information.

 

Protection of Your Information

We have implemented and maintain physical, electronic, and procedural safeguards to guard your personal information from unauthorized access, use or disclosure. For example, we restrict internal access to Information about you to those employees who need to know that information to provide services to you. In addition, we will continue to assess new technology for protecting such information.  While we seek to protect your Information to ensure that it is kept confidential, we cannot absolutely guarantee that any information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers.

 

Disclosure of Your Information

We may disclose your Information as described below:

  • to our affiliates and subsidiaries, who may use your Information for purposes consistent with this Notice;
  • to our service providers, including our professional advisors and consultants, we use to operate this Site, provide our Services and/or support and manage our business;
  • to government authorities, such as law enforcement, if we are required to do so by law, regulation, or a legal process (e.g., subpoena) or in the good faith belief that such disclosure is necessary to comply with a legal obligation, to protect and defend our rights or property, act in urgent circumstances to protect the personal safety of users of the Site or the public or protect FLC against legal liability;
  • to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of all or any portion of our, our affiliates’, or an FLC’s fund’s assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, your Information may be transferred along with such assets; and
  • to third parties with your consent and at your direction.

We may aggregate and/or de-identify your Information such that it is no longer able to be linked to you. This Notice does not limit our ability to use or disclose such aggregated or de-identified information, which we may disclose in our sole discretion. To the extent we process any aggregated and/or de-identified information, we will maintain and use such information in aggregated and/or de-identified form and will not attempt to re-identify the information, unless permitted by applicable law.

 

Your Choices and Rights

  • Email Communications: If FLC sends you email communications about services that we think may be of interest to you, you may opt-out of receiving such communications by following the instructions set forth in such communications. In addition, if at any time you wish not to receive any future email communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.
  • Privacy Rights: In addition to the above, depending on the jurisdiction of your residence, you may be afforded, in accordance with applicable law, certain rights respect to your Information. If you are a resident of California, please see our California Supplement for more information.

 

Retention of Your Information

We will retain your Information for as long as necessary to provide our Services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. The data retention period will be determined by various criteria, including the nature and sensitivity of the Information, purposes for which we are using it and our legal obligations (including any applicable statutes of limitations and records retention requirements). Generally, we endeavor not to keep personal information in an identifiable form for any longer than is needed. At the end of the applicable retention period, we may destroy, erase from our systems, or anonymize personal information as part of such efforts.

 

Children’s Privacy

Our Site and Services are not intended for individuals under the age of 13 and FLC does not knowingly collect Information from individuals under the age of 13. If you are a parent or legal guardian and you believe we have collected your child’s Information, please contact Dana O’Brien at compliance@fisherlynch.com.

 

Changes to this Notice

The Notice may change from time to time and at our discretion. We encourage you to review this Notice regularly to stay informed about our privacy practices.

 

Questions about this Notice

To ask questions about this Notice or our privacy practices, please contact Dana O’Brien at compliance@fisherlynch.com.

 

California Supplement

 

Last Updated: February 1, 2025

This California Supplement (“Supplement”) provides information for residents of California (“you”). This Supplement should be read with our Privacy Notice to fully under our collection, use and disclosure of your personal information.

For purposes of this Supplement, “personal information” shall mean any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to any individual or a household. Any other terms used here and not otherwise defined in our Privacy Notice shall have the meanings given to them in the Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq., as amended by the California Privacy Rights Act of 2020, and the regulations promogulated thereunder (collectively, the “CCPA”).

We may collect (and may have collected in the preceding 12 months) the following categories of personal information for the purposes described in the Use of Your Information section of our Privacy Notice:

 

  • Identifiers, such as name and contact information (e.g., email address, physical address, telephone number).
  • Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e), such as your government identification numbers (e.g., driver’s license number).
  • Protected classification characteristics under California or federal law, such as race, gender, or ethnicity.
  • Sensory data, such as audio, electronic, visual, and similar information, such as photographs for identification or security purposes, photographs at our hosted events, video and call recordings and security camera footage.
  • Professional or employment-related information, such as, your job title.

 

Sensitive Personal Information

Certain categories of personal information listed above may be considered sensitive personal information as defined under the CCPA. We do not collect or use sensitive personal information for the purpose of inferring characteristics about you.  We do not use or disclose sensitive personal information for any purposes other than the purposes permitted under the CCPA.

We collect (and may have collected in the past preceding twelve (12) months) the categories of personal information above from you and from the following categories of sources:

  • our affiliates and subsidiaries; and
  • our service providers (vendors who perform services to or on our behalf), including our professional advisors and consultants.

We may disclose (and may have disclosed in the preceding 12 months) the categories of personal information above to the following third parties for the purposes described in the Use of Your Information section of our Privacy Notice:

  • our affiliates and subsidiaries;
  • our service providers (vendors who perform services to or on our behalf), including our professional advisors and consultants); and
  • government entities.

We do not sell or share as defined or as contemplated by the CCPA (and have not sold or shared in the preceding twelve (12) months) your personal information. As defined and contemplated by the CCPA, we do not sell or share personal information of minors under the age of 16.

 

Your Rights

Subject to certain exceptions, the CCPA provides you with specific rights regarding your personal information.

  • Right to Know and Data Portability: You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Such information includes the following, as applicable:
    • the categories of personal information we collected about you
    • the categories of sources from which we collected your personal information
    • our business or commercial purpose(s) for collecting, disclosing, selling or sharing that personal information
    • the categories of third parties with whom we disclose, sell, or share personal information
    • if we sold, shared, or disclosed your personal information for a business purpose:
      • the categories of personal information sold or shared and the categories of recipients to whom we sold or shared personal information; and
      • the categories of personal information disclosed and the categories of recipients to whom we have disclosed personal information
    • the specific pieces of personal information we collected about you (also called a data portability request).
  • Right to Correct: You have the right to request that we correct any inaccuracies in the personal information we have collected about you.
  • Right to Delete: You have the right to request that we delete the personal information we have collected from you.

 

How to Exercise Your Rights

To exercise your right to know, correct or delete your personal information, please submit a request by contacting Dana O’Brien at compliance@fisherlynch.com. Only you, or someone legally authorized to act on your behalf, may make a request. You may only submit a request to know twice within a 12‑month period. Your request must: (1) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and (2) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. When using an authorized representative, unless you have provided your authorized representative a Power of Attorney pursuant to the California Probate Code, you must: (1) provide the representative with signed permission clearly describing their authority to make a request on your behalf; (2) verify your own identity with FLC; and (3) directly confirm that you have provided the authorized agent permission to submit the request. That authorized representative also must be able to verify their identity with us and provide us with their authority to act on your behalf. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

You may need to provide additional information in order to verify your request. Depending on the nature of the request, we may require additional verification actions be taken, including but not limited to providing a signed declaration under penalty of perjury that you are the person whose personal information is the subject of the request. We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.

 

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10‑day timeframe, please contact Dana O’Brien at compliance@fisherlynch.com. We endeavor to substantively respond to a verifiable request within forty‑five (45) days of its receipt. If we require more time (up to another forty-five (45) days), we will inform you of the reason and extension period in writing. We reserve the right to deny requests as allowed by applicable law, such as where we have a reasonable belief that the request is fraudulent, where your identity cannot be confirmed, or where we must retain your personal information consistent with applicable law.

 

Non‑Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: deny you goods or services; charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; provide you a different level or quality of goods or services; or suggest that you may receive a different price or rate for goods or services, or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA‑permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt‑in consent, which you may revoke at any time.

 

Questions about this Supplement

If you have any questions about this Supplement or our privacy practices, please do not hesitate to contact Dana O’Brien at compliance@fisherlynch.com.