PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
Whether through fundraising efforts and investing activities, our role as a shareholder, director or advisor or our efforts to recruit job candidates, Battery may process certain Personal Information (defined below) from time to time. We respect how important it is that your Personal Information is used and safeguarded appropriately, and we are committed to following and continuously refining our policies to support these principles.
Information We Collect
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked (directly or indirectly) with a particular individual, household, or device (“Personal Information”). Personal Information does not include:
- Publicly available information from government records;
- Deidentified or aggregated personal information; or
- Information excluded from the scope of the California Consumer Privacy Act of 2018 (“CCPA”), including:
- Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994; or
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data.
Within the last twelve (12) months we have collected the following categories of Personal Information:
- Category A – Identifiers. For example, a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
- Category B – Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). For example, a name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
- Category C – Professional or employment-related information. For example, current or past job history or performance evaluations.
- Category D – Protected Legal Characteristics. For example, race, gender, or ethnicity.
- Category E – Commercial information. For example, credit checks.
- Category F – Internet activity. For example, browsing and search data of those connected to any Battery guest networks,
- Category G – Audio/visual data. For example, audio and visual recordings from Battery events.
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from you.
- If you are an investor in our funds, for example, you may have disclosed certain information in order to subscribe as a limited partner, including, but not limited to, basic identifiers, asset information, investment experience, and account information.
- If you are a job applicant, for example, you may have provided certain information as part of the application process including current or past job history, certain identifiers, personal information, and protected legal characteristics.
- If you register for a Battery event, you may have provided certain identifiers as part of the registration process. Additionally, certain Battery events are recorded for subsequent viewing.
- Indirectly from another party.
- If you are an investor in our funds, for example, your advisors may have disclosed certain information in order to facilitate your subscription as a limited partner, including, but not limited to, basic identifiers, asset information, investment experience, and account information.
- If you are a job applicant, for example, a reference supplied by you may have provided certain information as part of the application process or you may have consented to a credit check as part of the background check process.
Use of Personal Information
We may use or disclose the Personal Information we collect for one or more of the following purposes:
- To carry out our obligations arising from any agreement entered into with us by you or on your behalf and for administrative purposes.
- To complete anti-money laundering checks, confirm compliance with U.S. securities laws and other applicable laws and regulations, and to complete other checks as are required by law, which, if not conducted, means that we will be unable to carry out our obligations arising under any agreement.
- To process requests, distributions, and payments and prevent transactional fraud.
- To tailor our services to you and the organizations for which you work.
- To communicate with our institutional investors and other businesses through their natural person representatives.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To create, maintain, customize, and secure our website and your investor portal account with us.
- To help maintain the safety, security, and integrity of our website, investor portal and services, databases and other technology assets, and business.
- To communicate with individuals who seek employment with us, or who we may recommend to our portfolio companies for employment, and to assess and consider such individuals for employment.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
Notably, it may be necessary for us to collect certain Personal Information in order to complete a transaction and make investments. For example, we may need certain information from prospective limited partners including, but not limited to, basic identifiers, asset information, investment experience, and account information to complete a transaction.
We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing notice to you.
Sharing Personal Information
We do not sell your Personal Information to anyone. We may disclose your Personal Information to our affiliates and third-parties for business purposes. In particular, from time to time, we may share your Personal Information with our service providers, including legal advisors, accountants, back-office administrators, and certain entities that assist us with our private equity and venture-capital practices and business operations.
When we disclose Personal Information for a business purpose to service providers, we endeavor to enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
We have disclosed the following categories of Personal Information to affiliates and/or service providers for a business purpose in the past twelve (12) months:
- Category A – Identifiers.
- Category B – Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
- Category C – Professional or employment-related information.
- Category D – Protected Legal Characteristics.
- Category E – Commercial information.
- Category F – Audio/visual data.
Your Rights and Choices
The CCPA provides you with specific rights regarding your Personal Information. 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 twelve (12) months. Once we receive and confirm your verifiable request (as described in more detail below), we will disclose to you, as applicable:
- The categories of Personal Information we collected about you;
- The categories of sources for the Personal Information we collected about you;
- Our business or commercial purpose for collecting or disclosing that Personal Information;
- The categories of third parties with whom we share that Personal Information;
- The specific pieces of Personal Information we collected about you (a “data portability request”); and
- If we disclosed your Personal Information with a third party for a business purpose, a list of each disclosure for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
However, we may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Carry out our obligations arising from any agreement entered into with us by you or on your behalf, or on behalf of the organizations for which you work, including to contact you (e.g., with information or messages about a fundraise or an investment);
- Complete the transaction for which we collected the Personal Information, provide a service that you requested, or take actions reasonably anticipated within the context of our ongoing business relationship with you;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Debug products to identify and repair errors that impair existing intended functionality;
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
- Comply with a legal obligation; or
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
To exercise the access, data portability, and deletion rights described above, please submit a verifiable request to us by firstname.lastname@example.org. We will only use Personal Information provided in a verifiable request to verify the requestor’s identity or authority to make the request.
Only you, or someone legally authorized to act on your behalf, may make a verifiable request related to your Personal Information, and you may only make a verifiable request for access or data portability twice within a 12-month period. The verifiable request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative, which may include your name, email address or affiliated entity information.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
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. We will endeavor to respond to a verifiable request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
Any disclosures we provide will only cover the 12-month period preceding the verifiable request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We will not discriminate against you for exercising any of your CCPA rights.
Changes to Our Privacy Notice
We recognize that protecting your personal information is an ongoing responsibility and so we will update this privacy notice as we undertake new practices involving your Personal Information. We reserve the right to amend this Privacy Notice at our discretion and at any time. Because of this, we advise that you check this Privacy Notice from time to time in order to familiarize yourself with any updates.
If you have any questions or comments about this notice, the ways in which we collect and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us by emailing email@example.com.