This Policy describes the types of information we may collect from you or that you may provide when you visit the website https://acimfunds.com/ (the “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Policy applies to information we collect (a) on this Website, and (b) in electronic messages between you and this Website.
It does not apply to information collected by (a) us offline or through any other means, including on any other website operated by Company or any third party, or (b) any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Information You Provide to Us
The information we collect on or through the Website may include:
- Information that you provide by filling in forms on the Website. This includes information provided at the time of registering to use any portion of the Website. We may also ask you for information when you report a problem with the Website.
- Records and copies of your correspondence (including email addresses) if you contact us.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with the Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to the Website, including communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is only statistical data and does not include personal information. It helps us to improve the Website and to deliver a better and more personalized service. The technologies we use for this automatic data collection may include:
We do not collect personal information automatically, but we may tie this information to personal information about you collected from other sources or you provide to us.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To present the Website and its contents to you.
- To provide you with information, products, or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To notify you about changes to the Website or any products or services we offer or provide though it.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this Policy:
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our clients, or others.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
The Fund collects non-public personal information about its subscribers from the following sources:
- Information the Fund receives from a subscriber in the subscription documents or other related documents or forms;
- Information about a subscriber’s transactions with the Fund, its affiliates, or others; and
- Information the Fund may receive from a consumer-reporting agency.
The Fund does not disclose any non-public personal information about its prospective, existing, or former subscribers to anyone, except as permitted or required by law and regulation.
The Fund restricts access to non-public personal information about its subscribers to those employees and agents of the Fund who need to know that information in order to provide services to its subscribers. The Fund may also disclose such information to its affiliates and to service providers and financial institutions that provide services to the Fund. The Fund will require such third party service providers and financial institutions to protect the confidentiality of the subscribers’ non-public personal information and to use the information only for purposes for which it is disclosed to them. The Fund maintains physical, electronic, and procedural safeguards that comply with federal standards to safeguard the subscribers’ non-public personal information and which the Fund believes are adequate to prevent unauthorized disclosure of such information.
General Data Protection Regulation (“GDPR”) Privacy
Legal Basis for Processing Personal Data under GDPR
“Personal Data” is any information that relates to an identified or identifiable natural person.
If you are within the European Union (“EU”), we may process your Personal Data only under the following conditions:
- Consent. You have given your consent for processing Personal Data for one or more specific purposes, including the use of the Website.
- Performance of a Contract. Provision of Personal Data is necessary for the performance of an agreement with you/or for any pre-contractual obligations thereof.
- Legal Obligations. Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
- Vital Interests. Processing Personal Data is necessary in order to protect your vital interests or of another natural person.
- Public Interests. Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
- Legitimate Interests. Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the EU’s GDPR
The Company undertakes to respect the confidentiality of your information and to guarantee you can exercise your rights.
You have the right under this Policy, and by law if you are within the EU, to:
- Request Access to Your Personal Data. The right to access, update or delete the information we have on you. Please contact us if you need assistance.
- Request Correction of the Personal Data that we Hold About You. You have the right to have any incomplete or inaccurate information we hold about you corrected.
- Object to Processing Your Personal Data. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to out processing of your Personal Data on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
- Request Erasure of Your Personal Data. You have the right to ask us to delete or remove Personal Data when there is no good reason for us to continue processing it.
- Request Transfer of Your Personal Data. We will provide to you, or to a third-party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw Your Consent. You have the right to withdraw your consent on using your Personal Data. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Website.
Exercising of Your GDPR Data Protection Rights
You may exercise your rights of access, rectification, cancellation and opposition by contacting us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, if you are in the European Economic Area (“EEA”), please contact your local data protection authority in the EEA.
Data Security and Retention
We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will only retain your Personal Data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for Personal Data, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
It is our Policy to post any changes we make to the Policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Website and this Policy to check for any changes.
To ask questions or comment about this Policy and our privacy practices, please contact:
AC Investment Management, LLC
1350 Avenue of the Americas, Suite 2300
New York, NY 10019