Privacy Notice

Introduction

Your privacy is very important to us. This notice (this “Privacy Notice”) is provided by Anchorage Structured Commodities Advisor, L.P. (the “Investment Manager”), and sets forth the policies of the Investment Manager and the funds or other investment vehicles its manages (“Funds”) for the collection, use, storage, sharing, disclosure (collectively, “processing”), and protection of personal data relating to current, prospective, and former investors in the Funds, as applicable.

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Who to Contact About This Privacy Notice

This Privacy Notice is being provided in accordance with the applicable requirements under the privacy and data protection laws that apply in applicable jurisdictions (collectively, the “Data Protection Laws”). The Funds and the Investment Manager are considered to be data controllers in respect of any personal information we hold for the purposes of certain Data Protection Laws. This means that each Fund and the Investment Manager (alone or jointly, as applicable) determines the purposes and the means of the processing of personal information.

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Please contact the Investment Manager at structured.commodities@anchoragecapital.com or by writing to the following address 610 Broadway, 5th Floor, New York, NY 10012, with any questions about this Privacy Notice.

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Please note that the Funds’ Administrator, Prime Broker(s), and the Custodian(s) are subject to a range of professional and legal obligations that require them to process personal data (e.g., anti-money laundering legislation). In order to meet the requirements of such obligations, they, from time to time, would be acting in accordance with their own respective professional or legal obligations and therefore as data controllers in their own right with respect to such processing. For more specific information or requests in relation to the processing of personal data by such parties or any other service provider, you may also contact the relevant service provider directly.

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The Types of Personal Data We May Hold

The categories of personal data we may collect include names, residential, or business addresses, or other contact details, signature, nationality, tax identification or passport number, date of birth, place of birth, photographs, copies of identification documents, bank account details, information about assets or net worth, credit history, information on investment activities, or other personal information, such as certain special categories of personal data (including, where relevant, information on political affiliations, ethnic origin, or criminal convictions), as specified under the applicable Data Protection Laws, that may be contained in the relevant materials, documents, or obtained through background searches.

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How We Collect Personal Data

We may collect personal data about you through: (i) information provided directly to us by you, or another person on your behalf; and (ii) information that we obtain in relation to any transactions between you and us.

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We also may receive your personal information from third parties or other sources, such as our affiliates, the Administrator, publicly accessible databases or registers, tax authorities, governmental agencies and supervisory authorities, credit agencies, fraud prevention and detection agencies, or other publicly accessible sources, such as the Internet.

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How We May Use Personal Information

We may process your personal data for the purposes of administering the relationship between you and us (including subscription acceptance, communications and reporting), marketing of our products and services, monitoring and analysing our activities, and complying with applicable legal or regulatory requirements (including anti-money laundering, fraud prevention, tax reporting, sanctions compliance, or responding to requests for information from supervisory authorities, or law enforcement agencies).

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We will use one of the permitted grounds under the applicable Data Protection Laws to process your personal information. Such grounds include, for example, circumstances where:

  1. processing is necessary to perform our obligations under applicable Fund Documents;
  2. we are required to comply with a legal or regulatory obligation applicable to us; or
  3. we, or a third party on our behalf, have determined that it is necessary for our legitimate interests to collect and use your personal information, such as if we believe that you have a reasonable expectation for us or a third party to collect or use your personal information for such purpose.
What Are The Consequences Of Failing To Provide Personal Information

Where personal data is required to satisfy a statutory obligation (including compliance with applicable anti-money laundering or sanctions requirements) or a contractual requirement, failure to provide such information may result in a subscription in the Fund being rejected or Shares or Interests becoming subject to compulsory redemption or withdrawal, as applicable. Where there is suspicion of unlawful activity, failure to provide personal data may result in the submission of a report to the relevant law enforcement agency or supervisory authority.

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How We May Share Personal Data

We may disclose information about you to our affiliates, service providers (including the Administrator), or other third parties to accept your subscription, administer and maintain your account(s), or otherwise perform our contractual obligations. We may also need to share your personal information with regulatory, tax or law enforcement authorities to comply with applicable legal or regulatory requirements, respond to court orders, or in the context of regulatory requests for information, administrative proceedings, or investigations. We will also release information about you if you direct us to do so.

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It may also be necessary, under anti-money laundering and similar laws, to disclose information about you to facilitate the establishment of trading relationships for the Funds with the Prime Broker(s), the Custodian(s), executing brokers or other trading counterparties.

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We may also disclose information about you, or your transactions and experiences with us, to our affiliates or service providers for our everyday business purposes, such as administration of our business, record-keeping, maintaining security of our information technology systems, reporting and monitoring of our activities, investor relations activities, and compliance with applicable legal and regulatory requirements.

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Retention Periods and Security Measures

We will not retain personal data for longer than is necessary in relation to the purpose for which it is collected, subject to the applicable Data Protection Laws. Personal data will be retained for the duration of your investment in a Fund and for a minimum of five years after a redemption or withdrawal, as applicable, of an investment, or liquidation of the Fund. We may retain personal data for a longer period for the purpose of marketing our products and services or compliance with applicable law. From time to time, we will review the purpose for which personal data has been collected and decide whether to retain it or to delete if it no longer serves any purpose to us.

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To protect your personal information from unauthorized access and use, we apply organizational and technical security measures in accordance with applicable Data Protection Laws. These measures include computer safeguards and secured files and buildings.

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We will notify you of any material personal data breaches affecting you in accordance with the requirements of applicable Data Protection Laws.

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Additional Information under the U.S. Gramm-Leach-Bliley Act 1999 (Reg S-P) and Fair Credit Reporting Act (Reg S-AM)

For purposes of U.S. federal law, this Privacy Notice applies to current and former investors who are individuals or Individual Retirement Accounts. We are providing this additional information under U.S. federal law.

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We may disclose information about our investors, prospective investors or former investors to affiliates (i.e., financial and non-financial companies related by common ownership or control) or non-affiliates (i.e., financial or non-financial companies not related by common ownership or control) for our everyday business purposes, such as to process your transactions, maintain your account(s) or respond to court orders and legal investigations. Thus, it may be necessary or appropriate, under anti-money laundering and similar laws, to disclose information about the Fund’s investors in order to accept subscriptions from them. We will also release information about you if you direct us to do so.

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We may share your information with our affiliates for direct marketing purposes, such as offers of products and services to you by us or our affiliates. You may prevent this type of sharing by contacting us and indicating your preference. If you are a new investor, we can begin sharing your information with our affiliates for direct marketing purposes 30 days from the date we sent this Privacy Notice. When you are no longer our investor, we may continue to share your information with our affiliates for such purposes.

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You may contact us at any time to limit our sharing of your personal information. If you limit sharing for an account you hold jointly with someone else, your choices will apply to everyone on your account. U.S. state laws may give you additional rights to limit sharing.

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We may also disclose information you provide to us pursuant to a joint marketing agreement (i.e., a formal agreement between non-affiliated financial companies that together market financial products or services to you).

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California Privacy Notice

This California Privacy Notice applies to California residents, in accordance with the requirements of the California Consumer Privacy Act of 2018 (the “CCPA”) and other California privacy laws. The disclosures made in this section regarding the Personal Information we collect and maintain, and the rights afforded by the CCPA with respect to such information do not apply to Personal Information collected, processed, sold, or disclosed pursuant to the federal Gramm-Leach-Bliley Act (Public Law 106-102) and its implementing regulations (the “GLBA”). When engaging with us as an Investor, your Personal Information will largely or entirely, be covered by the GLBA.

 

These California Disclosures and Rights do not apply to California employees, independent contractors or job applicants.

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Our Practices with Respect to Personal Information

For the purposes of this section of the Privacy Notice, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Consumer”). It does not include de-identified, aggregate, or public information lawfully available from governmental records, nor does it include information that we have a reasonable basis to believe is lawfully made available to the general public by a Consumer or information made available by a natural person or entity to whom a Consumer has disclosed the information if the Consumer has not restricted the information to a specific audience.

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Notice at Collection: Personal Information We Collect
  • Identifiers: email address, address, phone number, facsimile number, IP address, account log in information;
  • Commercial and financial information: records of personal property, products or services purchased, obtained, or considered, information on investments, assets, net worth, tax status, tax identification number, holdings, transaction history, bank account details, wire transfer instructions;
  • Internet or other electronic activity information: information regarding an individual’s interaction with a website, emails sent and received;
  • Professional or employment-related information: name of employer, job title.
Notice at Collection: Purposes for Collection of Personal Information
  • Managing and administering Fund investments, including assessing and processing subscription agreements, facilitating the transfer of funds and administering and facilitating any other transactions, and communicating about investments and related activities on an ongoing basis;
  • Managing and maintaining our relationships with you and for ongoing client services;
  • To enforce or defend our rights, ourselves or through third parties to whom we delegate such responsibilities;
  • Investigating and resolving complaints, regulatory matters, investigations, and litigation;
  • Monitoring electronic communications for investigation and fraud prevention purposes, crime detection, prevention, and investigation;
  • To share information with police, law enforcement, tax authorities, or other government and fraud prevention agencies where we have a legal obligation, including screening transactions, reporting suspicious activity, and complying with court orders;
  • To comply with any of our applicable legal, tax, or regulatory obligations, which derive from anti-money laundering and counter-terrorism legislation;
  • To report tax related information to tax authorities;
  • To monitor, maintain, and improve the processes, information and data, technology and communications solutions and services used by the Funds;
  • Performing general, financial and regulatory accounting, and reporting;
  • To monitor or record telephone calls and electronic communications for purposes of compliance with applicable law; and
  • To contact you about products and services offered by us which we believe may interest you or your employer or the entity you represent, unless you advise us that you do not wish to receive marketing communications from us.
Notice at Collection: No Sale or Sharing of Personal Information

‍We do not sell Personal Information or share it for purposes of cross-context behavioral advertising.

 

Notice at Collection: Retention Periods

‍We will retain Personal Information for as long as necessary in relation to the purpose for which it was collected, or for such longer period if required under applicable law or for the purposes of other legitimate interests. At a minimum, we retain Personal Information for the entire duration of any applicable business relationship, and for a minimum period of five (5) years after the termination of any such relationship.

 

Sources From Which We Collect Personal Information

‍We collect Personal Information from you directly; from referral sources; from your interactions with our website and investor portal; and financial institutions, service providers, credit reporting agencies, and background checking services.

 

No Use or Disclosure of Sensitive Personal Information for Inferring Characteristics

‍We do not use or disclose sensitive personal information to create profiles about or infer characteristics about individuals, or for any purposes other than providing our Services.

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Right to Request Access to Information We Collect About You

‍You can submit a request to us for the following Personal Information about you that we have collected:

  • The categories of Personal Information we’ve collected about you;
  • The categories of sources from which we collected the Personal Information;
  • The business or commercial purposes for which we collected the Personal Information;
  • The categories of Personal Information that we have disclosed for a business purpose;
  • The categories of third parties with which we shared the Personal Information;
  • The specific pieces of Personal Information we collected.
Right to Request the Deletion of Personal Information We Have Collected from You

‍Upon your request, we will delete the Personal Information we have collected from you, with the exception of situations where the CCPA authorizes us to retain specific information. We will act on your request within the time frames set forth below.

 

Your Right to Request to Correct Personal Information We Hold About You

‍You have the right to request that we correct Personal Information we hold that you believe is not accurate. We will take steps to determine the accuracy of the information that is the subject of your request to correct, and in doing so will consider the totality of the circumstances relating to the Personal Information you have identified as being incorrect. We may ask that you provide documentation regarding your request to correct in order to assist us in evaluating the request.

 

Exercising Your Rights and How We Will Respond

‍To exercise any of the rights listed above, or to ask questions, communications can be directed to Anchorage Structured Commodities Advisor, L.P., 610 Broadway, 5th Floor, New York, NY 10012, Tel: (212) 432-4600 or via email structured.commodities@anchoragecapital.com.

 

For requests for access, deletion, or correction, we will acknowledge receipt of your request within 10 business days of receipt. We will provide a substantive response to your request as soon as possible, generally within 45 days of the receipt of your request; however, the process may take longer under certain circumstances. We will inform you if we expect your request will take longer than normal to fulfill.

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We would provide the information requested free of charge, but under certain circumstances may charge a reasonable fee to cover the administrative costs of providing the information requested.

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Please note that the law may permit us to refuse to act on certain requests. If this circumstance were to arise, we would endeavor to provide you with an explanation of such refusal.

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Our Commitment to Honoring Your Rights

‍If you exercise any of the rights explained in this Privacy Notice, you will continue to be treated fairly, will not be denied or charged different rates for services, or provided a different level or quality of services than others.

 

Verification of Identity –Access, Deletion or Correction Requests

‍Should you request access to, deletion of, or correction of your Personal Information, we will ask you for information to verify your identity, which may include your name, email address, phone number, and account information. If any of the verifying information was not previously provided to us, we may ask for alternative information in order to verify your identity.

 

If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to your request. If this situation were to occur, we would provide you with an explanation of the basis of such denial.

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Authorized Agents

‍You may designate an agent (“Agent”) to submit requests on your behalf. The Agent must be a natural person or a business entity that is registered with the California Secretary of State.

 

We will require verification of the Agent’s identity and evidence that you gave the Agent signed permission to submit a request on your behalf. Additionally, you may be required to verify your identity by providing us with certain Personal Information as described above or provide us with written confirmation that you have authorized the Agent to act on your behalf.

 

Please note that this subsection does not apply when an Agent is authorized to act on your behalf pursuant to a valid power of attorney. Any such requests will be processed in accordance with California law pertaining to powers of attorney.

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Contact Us

‍To ask questions, communications can be directed to Anchorage Structured Commodities Advisor, L.P., 610 Broadway, 6th Floor, New York, NY 10012, Tel:(212) 432-4600 or via email at: structured.commodities@anchoragecapital.com.

 

Additional Information under the Cayman Islands Data Protection Act (2021 Revised) (“DPA”)

The applicable Fund may share your personal information with its services providers, including the Investment Manager, the Administrator, the Prime Broker, the Custodian, or others who are located outside the Cayman Islands. It may also be necessary to share your information with the Cayman Islands Monetary Authority or the Tax Information Authority, which may, in turn, exchange this information with foreign tax authorities, regulatory or law enforcement agencies. Any transfer of your personal data by us, our affiliates, or service providers outside the Cayman Islands will be carried out in accordance with the DPA.

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You may have certain rights under the DPA, including: (i) the right to be informed; (ii) the right of access; (iii) the right to rectification; (iv) the right to stop or restrict processing; (v) the right to stop direct marketing; (vi) rights in relation to automated decision making; (vii) the right to seek compensation; and (viii) the right to complain to the supervisory authority. A complaint in respect of the Fund may be lodged with the Office of the Ombudsman in the Cayman Islands. Please use the contact details above if you wish to exercise these rights.

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Rev. May 2023