Last revised: 4 June 2018

Privacy Summary

The Blumenthal Advisors is committed to protecting your information by handling it responsibly and safeguarding it using appropriate technical, administrative and physical security measures.

The privacy notice below explains what information we gather about you, what we use it for and who we share it with. It also sets out your rights and who you can contact for more information or queries.

In this statement:

the Blumenthal Advisors ” is made up of different legal entities. The Blumenthal Advisors means one or more of the different legal entities that are involved in the wider advisory and investment business of the group or its funds. This privacy notice is issued on behalf of the Blumenthal Advisors so when we mention “the Blumenthal Advisors ”, “we”, “us” or “our” in this privacy notice, we are referring to the relevant company in the Blumenthal Advisors responsible for processing your data. We will let you know which entity will be the controller for your data when you purchase a service with us.

personal data” means any operation performed on information about you, including to collect, record, organize, structure, store, alter, use, transfer, destroy or otherwise make available.

process or processing” means any operation performed on information about you, including to collect, record, organize, structure, store, alter, use, transfer, destroy or otherwise make available.

  1. Who this privacy statement applies to and what it covers

    This privacy statement is issued on behalf of the Blumenthal Advisors . We are committed to protecting your privacy and handling your information openly and transparently. This privacy statement explains how we will collect, handle, store and protect information about you when:

    • providing services to you or our clients;
    • you use our websites; or
    • performing any other activities that form part of the operation of our business.

    This privacy statement also contains information about when we share your personal data with other members of the Blumenthal Advisors and other third parties (for example, our service providers).

    In this privacy statement, your information is sometimes called “personal data”.


  2. What personal data we collect

    We may collect, record and use your personal data in physical and electronic form, and will hold, use and otherwise process that data in line with the Data Protection Legislation and as set out in this statement. When we provide services to you or our clients and perform due diligence checks in connection with our services (or discuss possible services we might provide), we will process personal data about you. We may also collect personal data from you when you use one of our websites. We may process your personal data because:

    • you provide it to us voluntarily;
    • we collect it automatically;
    • we obtain it from third party sources (for example, your employer or adviser, or third party service providers that we use to help operate our business); or
    • it is publicly available.

    We may process personal data from you because we observe or infer that data about you from the way you interact with us or others. For example, to improve your experience of one of our websites and to make sure that it is working effectively, we (or our service providers) may use cookies (small text files stored in a user’s browser). More information on how we use these and other tracking technologies, and how you can control them, can be found in our Cookie Notice.

    The personal data we process may include your:

    • name, gender, age and date of birth;
    • contact information, such as postal address, email address, and mobile phone number;
    • Passport/ID
    • country of residence;
    • lifestyle and social circumstances (for example, your hobbies);
    • family circumstances (for example, your marital status and dependents);
    • employment and education details (for example, the organisation you work for, your job title/role and your education details);
    • Bank account details;
    • financial and tax-related information (for example your income, investments and tax residency);
    • postings or messages on any blogs, forums, platforms, wikis or social media applications and services that we provide (including with third parties);
    • IP address, browser type and language, your access times;
    • information in any complaints you make;
    • details of how you use our products and services;
    • recording of telephone conversations;
    • CCTV footage and other information (e.g. security access of properties) we collect when you access our premises or other properties that we may own or manage; and
    • details of how you like to interact with us, and other similar information relevant to our relationship.

    The personal data we collect may also include so called ‘sensitive’ or ‘special categories’ of personal data, such as details about your:

    • dietary requirements (for example, when we would like to provide you with lunch during a meeting);
    • health (for example, so that we can make it easy for you to access our buildings, products and services);
    • sexual orientation (for example, if you provide us with details of your spouse or partner); and
    • criminal convictions you have received.

    We may also process personal data relating to ethnic or racial origin (for example, any multicultural networks you belong to), or about your political opinions (inferred from information you give us about political associations you belong to or have donated to).

    We will typically seek separate permission from you in writing to process these special categories of personal data.

    If you choose not to provide, or object to us processing, the information we collect we may not be able to process your instructions or continue to provide some or all of our services to you.

  3. Personal data provided by or about third parties

    When a third party gives us personal data about you, we will check that they have complied with the relevant privacy laws and regulations. This may include, for example, that the client or other third party has informed you of the processing, and has obtained any necessary permission for us to process that information as described in this privacy statement. If you provide us with information about another person (such as a spouse, financial dependent, or joint account holder), you confirm that they have appointed you to act for them, that you have informed them of our identity and the purposes (as set out in this Privacy Statement) for which their information will be processed and that you have obtained any necessary consents to the processing of their personal information. When we first contact them, we may tell them where we got the information from.

  4. How we use your personal data

    We process information about you and/or your business to enable us and other members of the Blumenthal Advisors to provide our services to you and other clients, and to meet our legal or regulatory obligations. We use your personal information for the following purposes (or otherwise described at the point of collection): Use of personal data to provide services to our clients. We will use your personal data to provide you or our clients or other third parties with services, and this includes using your personal data in correspondence relating to those services. That correspondence may be with:

    • you;
    • other third parties or other members of the Blumenthal Advisors ;
    • our service providers; or
    • competent authorities.

    We may also use your personal data to conduct due diligence checks relating to the services. Use of personal data for other activities that form part of the operation of our business We may also use your personal data in connection with:

    • legal or regulatory requirements;
    • contractual requirements (both the initial signing of such documents as well as to perform the requirements of such contract);
    • requests and communications from competent authorities;
    • client/investor account opening and other administrative tasks (e.g. reporting);
    • financial accounting, invoicing and risk analysis;
    • relationship management, which may involve:
      1. to provide you with information or products and services that you have requested and deal with invoicing and payment;
      2. Updating you on any activities involving our business especially any relevant properties;
      3. to send you service-related communications, to deal with communications you send us and request feedback;
      4. sending you event invitations; and
      5. other marketing or research purposes;
    • recruitment and business development, which may involve:
      1. the use of testimonials from a client’s employees as part of our recruitment and business development materials (with that employee’s permission); and
      2. the use of third-party data sources to help us verify and improve the information we hold about key business relationships with individuals;
    • services we receive from our professional advisors, such as lawyers, accountants and consultants;
    • investigating or preventing security incidents; or
    • protecting our rights and those of our clients.

    Use of personal data collected via our websites In addition to the above, we may also use your personal data collected via our websites:

    • to manage and improve our websites;
    • to tailor the content of our websites to give you a more personalised experience;
    • to draw your attention to information about our products and services that may be of interest to you; or
    • to manage and respond to any request you submit through our websites.
  5. The legal grounds we use for processing personal data

    We are required by law to set out in this privacy statement the legal grounds on which we rely to process your personal data. We rely on one or more of the following lawful grounds:

    • you have explicitly agreed to us processing your information for a specific reason;
    • the processing is necessary to perform the agreement we have with you or another party or to take steps to enter into an agreement with you;
    • the processing is necessary for compliance with a legal or regulatory obligation we have such as keeping records for tax purposes or meeting various anti money laundering requirements or providing information to a public body or law enforcement agency including but not limited to:
      1. for the performance of the contract to which the investor is party or in order to take steps at the (prospective) investor’s request before entering into a contract;
      2. for compliance with legal and/or regulatory obligations;
      3. for the purposes of the Fund’s legitimate interests.
    • the processing is necessary for the purposes of a legitimate interest pursued by us or a third party, which might be:
      1. to provide our services to you or our clients and other third parties and ensure that our client engagements are well-managed;
      2. to prevent fraud;
      3. risk management
      4. to protect our business interests including preventing or facilitating the settlement of any claims, disputes or litigations, for the Fund’s or the Data Controller’s rights in case of claims, disputes or litigations or for the protection of frights or another natural or legal person;
      5. to ensure that complaints are investigated;
      6. to evaluate, develop or improve our services or products; or
      7. to keep you or our clients informed about relevant products and services and provide you with information, unless you have indicated at any time that you do not wish us to do so.

    To the extent that we process any special categories of data relating to you for any of the purposes outlined above, we will do so because:

    1. you have given us your explicit consent to process that data;
    2. we are required by law to process that data in order to ensure we meet our ‘know your client’ and ‘anti-money laundering’ obligations (or other legal obligations imposed on us);
    3. the processing is necessary to carry out our obligations under employment, social security or social protection law;
    4. the processing is necessary for the establishment, exercise or defence of legal claims; or
    5. you have made the data manifestly public.

    Please note that in certain circumstances it may be still lawful for us to continue processing your information even where you have withdrawn your consent, if one of the other legal bases described above is applicable.

  6. Sharing your personal data

    In connection with any of the purposes outlined in the “How we use your personal data” section above, we may disclose details about you to:

    1. other members of the Blumenthal Advisors ;
    2. third parties that provide services or online platforms to us;
    3. IT service providers who support our IT systems and software or websites including providers of mailing services if applicable;
    4. any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;
    5. your employer and/or its advisers, or your advisers;
    6. anyone to whom we may transfer our rights and/or obligations under our terms;
    7. any other person or organisation after a restructure, merger, sale or acquisition of any member of the Blumenthal Advisors , as long as they use your information for the same purposes as envisaged in this policy;
    8. credit reference agencies or other organisations that help us make credit decisions and reduce the incidence of fraud;
    9. other third parties that reasonably require access to personal data relating to you (e.g. our administrators, alternative fund investment managers, registrar and transfer agents, banks, property managers, accountants, auditors, lawyers, tax advisors and other service providers);
    10. to develop, test and improve our systems and services and the way we work, in accordance with our legitimate interests; and
    11. to any other person with your consent to the disclosure.

    Our websites may host various blogs, forums, wikis and other social media applications or services that allow you to share content with other users (collectively “Social Media Applications”). Any personal data that you contribute to these Social Media Applications can be read, collected and used by other users of the application. We have little or no control over these other users, so any information you contribute to these Social Media Applications might not be handled in line with this privacy statement.

  7. Transferring your personal data

    Information we hold about you may be transferred to other countries:

    • where we do business;
    • which are linked to your engagement with us;
    • from which you regularly receive or transmit information; or
    • where our third parties conduct their activities.

    These countries may have less stringent privacy laws than we do, so any information they hold can become subject to their laws and disclosure requirements, including disclosure to governmental bodies, regulatory agencies and private persons. In addition, a number of countries have agreements under which information is exchanged with other countries for law enforcement, tax and other purposes.

    When we, or our permitted third parties, transfer your personal data, we will ensure the recipients of that data will protect your personal data to the standard required. We or they may also require the recipient to subscribe to international frameworks intended to enable secure data sharing.

    We may also transfer your personal data when:

    • the transfer is to a country deemed to provide adequate protection of your personal data or
    • where you have consented to the transfer.

    If we transfer your personal data in other circumstances (for example, because we have to by law), we will make sure it remains adequately protected.

    We may share non-personal, anonymised and aggregated information with third parties for several purposes, including data analytics, research, submissions and promotional activity.

  8. Protecting your personal data

    We use a range of measures to ensure we keep your personal data secure, accurate and up to date. These include:

    • education and training to relevant staff to ensure they are aware of our privacy obligations when handling personal data;
    • administrative and technical controls to restrict access to personal data to a ‘need to know’ basis;
    • technological security measures, including fire walls, encryption and anti- virus software; and
    • physical security measures, such as security passes to access our premises.

    The transmission of data over the internet (including by e-mail) is never completely secure. So although we use appropriate measures to try to protect personal data, we cannot guarantee the security of data transmitted to us or by us.

  9. How long we keep your personal data for

    We seek to ensure that we only keep your personal data for the longest of:

    • the period necessary for the relevant activity or services as set out in our Data Retention Policy;
    • any retention period that is required by law; or
    • the period in which litigation or investigations might arise in respect of the services.
  10. Your rights

    You have various rights in relation to your personal data. In particular, you have a right to:

    • obtain confirmation that we are processing your personal data and request a copy of the personal data we hold about you;
    • be informed about the processing of your personal data (i.e. for what purposes, what types, to what recipients it is disclosed, storage periods, any third party sources from where it was obtained, confirmation of whether we undertake automated decision-making, including profiling, and the logic, significance and envisaged consequences);
    • ask that we update the personal data we hold about you, or correct such personal data that you think is incorrect or incomplete;
    • ask that we delete personal data that we hold about you, or restrict the way in which we use such personal data; withdraw consent to our processing of your personal data (to the extent such processing is based on previously obtained consent);
    • receive a copy of the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and to transmit such personal data to another party (to the extent the processing is based on consent or a contract);
    • ask us to stop or start sending you marketing messages at any time by using the contact details in section 12 below; and
    • object to our processing of your personal data.

    If you would like to access or see a copy of your personal data, you must ask us in writing. We will endeavour to respond within a reasonable period, and in any event within one month (unless the request is particularly complex or you have made multiple requests, in which case we will keep you updated) in line with Data Protection Legislation. We will comply with our legal obligations as regards your rights as a data subject.

    To help us ensure that your information is up to date, let us know if any of your personal details change using the contact details set out in section 12.

    You may also use the contact details in section 12 if you wish to make a complaint relating to your privacy.

  11. Sending you marketing information

    We and other members of the Blumenthal Advisors may use your information from time to time to inform you by letter, telephone, email and other electronic methods about products and services (including those of third parties) that may be of interest to you.You may, at any time, ask us and/or other members of the Blumenthal Advisors not to send marketing information to you by contacting us in the way described in section 12 below.

  12. Right to complain

    If you wish to raise a complaint about how we are using your information, exercise any of the rights set out above, or if you have any questions or comments about privacy issues, you can contact us by:

    • sending an email to
  13. Changes to this privacy statement

    We may modify or amend this privacy statement from time to time in response to changing legal, technical or business developments. When we make changes to this privacy statement, we will amend the revision date at the top of this page. The modified or amended privacy statement will apply from that date. We encourage you to review this statement periodically to remain informed about how we are protecting your information.

Blumenthal Advisors

427 Broadway
New York, NY 10013
Phone: (332)242-4282