Terms & Conditions:

By accessing or using our website, located at www.elementcapital.com, (the “Site”), you hereby accept and agree to comply with the following terms and conditions (the “Terms and Conditions”) as a pre-condition to using this Site for any purpose whatsoever. Your entry into the Site constitutes your acceptance of the Terms and Conditions and is a binding agreement between you and Element Capital Management LLC and their affiliates (“Element”). The Terms and Conditions govern your access and use of the Site, which includes any information, data, tools, products, services and other content (together, “Content”) available on or through the Site.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. EACH TIME YOU ACCESS OR USE THE SITE, SUCH ACCESS OR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS AND CONDITIONS IN ITS THEN CURRENT FORM, INCLUDING ANY MODIFICATIONS POSTED. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, DO NOT USE THE SITE.

General Terms

  1. License. Element grants you a limited right to use the Site. Your right to use the Site is subject to your agreement to abide by these Terms and Conditions in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site. At any time and for any reason we may revoke your right to use all or any portion of the Site. You agree not to interfere with the operation of the Site, violate or attempt to violate the security of the Site, or to use the Site for any fraudulent, harmful or illegal purposes. You may view, download and print information and materials on this Site for your personal and internal business uses provided that all hard copies contain all copyright and other applicable notices.
  2. Representations and Warranties. You represent and warrant that: (i) your execution and performance of these Terms and Conditions will not violate any agreement or other obligation to which you are bound; (ii) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms and Conditions; (iii) you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms and Conditions; (iv) you will not delete or modify any Content on the Site; (v) you will comply with all applicable laws, rules and regulations in using any aspect of the Site or otherwise performing your obligations and exercising your rights under these Terms and Conditions; and (vi) the information you have given to Element, its affiliates, agents and any other person or entity in connection with your access to and use of the Site (including, without limitation, broker-dealers) about yourself is complete, true and accurate.
  3. Restrictions on Use.
  • You may not use the Site for any illegal purpose or in any manner inconsistent with these Terms and Conditions.
  • You agree to use the Site solely for your own personal and/or internal use and benefit, and not for resale or external distribution. If you intend to use the Site in any other way, then please contact Element at ir@elementcapital.com to discuss your business requirements.
  • You agree not to use any information contained in the Site in any manner that could compete with the business of Element.
  • You may not: (i) decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site; (ii) publish, broadcast, retransmit, reproduce, duplicate, copy, modify, repackage, frame, mirror, commercially exploit, create any derivative of, redistribute or otherwise exploit all or any portion of the Site except as explicitly permitted in these Terms and Conditions; (iii) remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site; or (iv) retrieve, index, scrape, harvest, data mine or otherwise systematically gather or store Content.
  • You may not re-circulate, redistribute or publish (i) any analysis, presentation, or reports (including, without limitation, analysis, presentations or reports generated in relation to an investment in a collective investment vehicle (a “Fund”) or a portfolio of Funds) included in the Site or generated through use of the Site or (ii) any offering documents, marketing materials or other documents related to the Funds, in each case, without Element’s prior written consent.
  • You may not offer any part of the Site for sale or distribute it over any medium, including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the Internet, without the prior written consent of Element.
  • The Site and the information contained therein may not be (i) used to construct a database of any kind, or (ii) stored (in its entirety or in any part) in databases for access or distribution by you or any third party.
  • You may not use the Site in any way to improve the quality of any data sold or contributed by you to any third party.
  • You will not spam or send unsolicited mailings to any individual or entity using the Site and will not use the Site or the information contained therein in unsolicited mailings or spam material.
  • You shall (i) not upload or send any information via the Site that (a) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right; (b) is unlawful, defamatory, libelous, slanderous, offensive, obscene, pornographic, exploitative of a minor, violent, hateful, threatening, abusive, misleading, deceptive, anti-religious or racially, ethnically or otherwise objectionable; (c) contains or embodies a virus, worm, Trojan Horse or other contaminating or destructive feature; or (d) otherwise violates any applicable treaty, law or regulation; (ii) not upload or send any commercial, promotional or solicitation information.
  1. Intellectual Property. You acknowledge that the Site is protected by one or more copyrights, patents, database rights, trademarks, service marks, trade dress, trade secrets and/or other intellectual property and proprietary rights that are owned by Element and/or third parties. All text and graphics, and the combination thereof, appearing on the Site are copyrighted works that are protected under the copyright laws of the U.S. and other countries and under various international treaties. You agree to abide by all applicable copyright and other laws in regard to the Contents of the Site. “ELEMENT” and other names and logos or other indicia of Element and its products and/or services are exclusive trademarks and service marks of Element, and are registered in various jurisdictions. Other product and company names appearing on the Site may be trademarks of their respective owners. Element expressly reserves all intellectual property rights in the Site, including all text, programs, products, processes, technology, Content and other material which appear on the Site now or in the future, unless stated otherwise. Your access to or use of the Site does not confer and will not be considered as conferring upon you any license under any of Element’s or any third party’s intellectual property rights.
  2. No Advice or Offer of Securities; Forward-Looking Statements. All Content is for informational purposes only. Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy. We do not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable. Nothing on the Site is an offer or solicitation to buy or sell any security or make or hold any investment. We make no representations that any information provided via the Site Is accurate, current, reliable or complete. You are solely responsible for evaluating the risks and merits regarding the use of the Site and any services provided herein. Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax, legal or other professional advice. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or legal advisors regarding your individual circumstances and needs.

The contents of the Site may contain forward-looking statements that are based on subjective beliefs, assumptions, current expectations, estimates, and projections about investments, the financial industry or the economy. These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict with regard to timing, extent, likelihood and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. We undertake no obligation to update, amend or clarify forward-looking statements, whether as a result of new information, future events or otherwise. Furthermore, past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.

  1. Your Account. The Site contains a login portal to a password-protected investor website operated by a third party service provider on our behalf. The investor website may be accessed only by users who have been approved for an account by Element, its agents or the third party who maintains the investor website. Such accounts will only be issued to authorized investors in an investment fund sponsored or managed by Element, or to certain eligible prospective investors, each of whom represents and warrants as follows: you are, or the company or organization on whose behalf you will be accessing the Site, as applicable, is: an "accredited investor" within the meaning of the U.S. Securities Act of 1933, as amended; a "qualified client" within the meaning of the U.S. Investment Advisers Act of 1940, as amended; a "qualified eligible person" within the meaning of the U.S. Commodity Exchange Act, as amended; and a "qualified purchaser" within the meaning of the rules promulgated under the U.S. Investment Company Act of 1940, as amended. You agree to immediately contact Element Capital if there is any change in your eligibility status. Element may disable any password in its sole discretion and without notice.

Password-protected portions of the Site may contain performance information for the investment funds sponsored or managed by Element. Users of the Site acknowledge that THE PAST PERFORMANCE OF ANY FUND IS NOT INDICATIVE OF FUTURE PERFORMANCE. To the extent that any funds or products are referred to on this Site, they are available only to such persons and other persons should not act or rely on the information available on this Site.

Users must undertake to treat any Content on the password-protected portion of the Site as secret and confidential. You are solely responsible for maintaining the confidentiality and security of your password. You may not disclose your password to any third party and accept full responsibility for any use of your password. You must notify Element immediately of any actual or suspected loss, theft, unauthorized use of your password or other suspected breach of security. You are fully responsible for securing all facilities, products and equipment that might allow access to the Site and all usage and activity that occur through the use of your password or account, whether or not such use is authorized by you. Further, you shall not share your login information with any third party and are solely responsible for any and all activity that takes place under your login information. We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions. 

  1. Investigation and Monitoring. Element may investigate, monitor and record activity on the Site and take legal action against any illegal and/or unauthorized use of the Site, including but not limited to: unauthorized access to the Site through a third party application, robot, spider, automated device, or data mining or extraction tool or other unauthorized means; interference with the Site; complaint or reported violation of our policies or any law or regulation; or action that imposes an unreasonable load on the Site. We may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site or take any other action that we deem appropriate. Element’s decision not to pursue legal action shall not be construed as a waiver of these Terms and Conditions or Element’s legal rights.
  2. Confidentiality of Internet.Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Element has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed. Accordingly, you are solely responsible for the security of any information transmitted via the Internet or for the consequences of any reliance on such information. You assume the sole and complete risk for using the Site and must make your own determination as to these matters.
  3. Third Party Websites. Element does not monitor the content of and is not responsible for any third party website, unless otherwise expressly stated in the terms and conditions of the third party website. Except as otherwise expressly stated by us in these Terms and Condition or on the Site, we are not affiliated or associated with the operators of any third party websites or other resources that link to or are linked from the Site. Links from the Site to third-party websites do not imply any endorsement, recommendation or approval by the third party of Element or the Site or of the link; nor do they imply any endorsement by Element of the third-party website, related information, products or services, or of the link. We make no representations or warranties as to the security of any information that you may provide or be requested to provide to any third party.

YOU AGREE THAT YOUR ACCESS TO OR USE OF THIRD PARTY WEBSITES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, LINKS OR OTHER MATERIALS AVAILABLE ON OR THROUGH SUCH THIRD PARTY WEBSITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD PARTY WEBSITES.

  1. Site Availability. All or any portion of the Site may not be available and may not function properly at any time. Element makes reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. You agree that Element is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site or any defects, delays or errors in or resulting from your use of the Site.
  2. Privacy Policy. Your privacy is important to us. All personal nonpublic information that we gather from you on the Site will be governed by our Privacy Policy.
  3. Disclaimer and Limitation of Liability. TO THE MAXIUM EXTENT PERMITTED BY LAW, THE SITE, INCLUDING ALL CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIUM EXTENT PERMITTED BY LAW, ELEMENT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE AVAILABILITY, OPERATION AND USE OF THE SITE AND ANY INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING OUR GENERAL DISCLAIMER, ELEMENT DOES NOT WARRANT THE AVAILABILITY, RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS OF THE SITE OR THE CONTENT. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, AVAILABILITY OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. ELEMENT DOES NOT WARRANT THAT THE SITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE SITE OR DATA, INFORMATION OR SERVICES PROVIDED VIA THE SITE, INCLUDING BY ELEMENT’S SERVICE PROVIDERS, OR ANY E-MAIL SENT BY ELEMENT OR ITS REPRESENTATIVES, WILL BE SECURE, OR FREE OF ERRORS, VIRUSES, WORMS, "TROJAN HORSES," OR ANY OTHER HARMFUL, INVASIVE, OR CORRUPTED COMPONENTS, AND IS NOT LIABLE FOR ANY DAMAGE OR LOSS YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES.

TO THE MAXIUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ELEMENT OR ITS EMPLOYEES, AGENTS, ACTIVE PARTNERS, MEMBERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THESE TERMS AND CONDITIONS, THE SITE, THE CONTENT, THE INABILITY TO USE THE SITE, OR TRANSACTIONS ENTERED INTO THROUGH THE SITE, UNDER ANY THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OPPORTUNITIES, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ELEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

  1. Indemnification. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Element and its employees, agents, active partners, members and directors, the other users, and any other third party contributors to the Site, and their affiliates, suppliers, service providers, agents, representatives, successors, and assigns, and the respective members, officers, or employees thereof, from and against any and all claims, damages, liabilities, actions, causes of action, suits, demands, losses, costs, and expenses (including reasonable attorney's and expert's fees) that arise from or relate to (a) your access to, use of, or activities in connection with, the Site; or (b) any violation or alleged violation of these Terms and Conditions by you, in each case unless caused by Element or its employees, agents, active partners, members or directors’s misrepresentation, gross negligence, willful misconduct or fraud.
  2. Termination. These Terms and Conditions are effective unless and until terminated by either you or Element. You may terminate these Terms and Conditions at any time by providing notification to Element in writing of such termination and discontinuing any further use of the Site. We also may terminate these Terms and Conditions, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to the Site.
  3. Governing Law. You agree that any dispute arising out of or relating to your use of the Site or relating to these Terms and Conditions shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law thereof.
  4. Dispute Resolution. Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Element agree that Element intends that this section satisfies the “writing” requirement of the Federal Arbitration Act.

    You can obtain the AAA procedures, rules, and fee information as follows:

    AAA:      800.778.7879

    http://www.adr.org/

    In arbitration, as with a court, the arbitrator must honor the terms of these Terms and Conditions and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The parties agree that the arbitration shall be confidential.  All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. 

    1. In the event of any dispute or disagreement between the parties, or claim or question by a party, arising from or relating to these Terms and Conditions or the breach hereof (collectively, a “Dispute”), the parties shall use their best efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of 60 days then, upon notice by either party to the other, such Dispute shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Consumer Arbitration Rules. Once the Dispute is submitted to the AAA for arbitration and each party pays the appropriate filing fees, the parties agree to equally share all costs of AAA arbitration, including Arbitrator fees and expenses. The parties will remain individually responsible for their own attorney costs or other non-AAA required costs. If an in-person arbitration hearing is required, then it will be conducted at the American Arbitration Association’s office in New York County, New York.
    2. The arbitration will be heard and determined by a single neutral arbitrator selected by the AAA who is a retired judge or a lawyer with not less than 15 years of experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Consumer Arbitration Rules. The arbitrator will apply applicable law and the provisions of these Terms and Conditions and will determine any Dispute according to the applicable law and facts based upon the record and no other basis. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
      You can obtain the AAA procedures, rules, and fee information as follows:
      AAA: 800.778.7879
      In arbitration, as with a court, the arbitrator must honor the terms of these Terms and Conditions and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The parties agree that the arbitration shall be confidential. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing.
    3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 38) WITHIN 1 YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.
    4. YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO BY EMAILING IR@ELEMENTCAPITAL.COM WITHIN 60 DAYS OF YOUR FIRST VISIT TO THE SITE. OPTING OUT OF THIS AGREEMENT TO ARBITRATE HAS NO EFFECT ON ANY PREVIOUS, OTHER, OR FUTURE ARBITRATION AGREEMENT(S) THAT YOU MAY HAVE WITH ELEMENT. IF THIS AGREEMENT TO ARBITRATE BECOMES BINDING, YOU CAN NOT CHANGE, MODIFY OR REVOKE IT (INCLUDING BY ATTEMPTING TO OPT OUT IN CONNECTION WITH ANY CONFIRMATION OF THE THESE TERMS AND CONDITIONS, AS AMENDED FROM TIME TO TIME) WITHOUT AN AGREEMENT IN WRITING SIGNED BY ELEMENT. IN THE EVENT THAT YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH THIS SECTION, YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN NEW YORK COUNTY, NEW YORK, WITH RESPECT TO ANY LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE OR RELATING TO THESE TERMS AND CONDITIONS AND WAIVE ANY OBJECTION TO THE PROPRIETY OR CONVENIENCE OF VENUE IN SUCH COURTS AND EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY SUCH SUIT.
  5. Miscellaneous. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section. You may not assign or otherwise transfer this agreement or any of your rights or obligations hereunder. The failure of Element to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a portion of these Terms and Conditions is determined to be unlawful, void or unenforceable, it will not affect the enforceability of the remaining provisions and the remaining provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or unenforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. The following provisions survive the expiration or termination of these Terms and Conditions: Intellectual Property; No Advice or Offer of Securities; Forward-Looking Statements; No Offer of Employment; Risks in relying on the Content; Technological problems with the site; Disclaimer of Warranty; Limitation of Liability; Indemnification; Governing Law; and Miscellaneous.
  6. How to Contact Us. If you have any questions or comments about these Terms and Conditions, you may contact us in the following ways:

Element Capital Management LLC
600 Lexington Ave., 34th Floor
New York, NY 10022


Telephone: (212) 993-7000
E-mail: ir@elementcapital.com



Privacy Policy

Effective May 25, 2018

1. Background

1.1 Element Capital Management LLC with its principal place of business at 600 Lexington Avenue, 34th Floor, New York, NY 10022, USA (“Element”) and other companies in the Element group collect and use certain Personal Information. Element is responsible for ensuring that it uses that Personal Information in compliance with data protection laws.

1.2 Element is committed to respecting your privacy and keeping your Personal Information secure. This Privacy Policy describes how we collect, use, share and disclose the Personal Information we collect through your use of our website www.elementcapital.com (“Site”) and otherwise in connection with our business and/or investment-related interactions with you. Please note we may use facilities outside of your home country to process, store or back up Personal Information.

1.3 BY UNDERTAKING BUSINESS OR INTERACTING WITH ELEMENT, EITHER DIRECTLY OR THROUGH AN ORGANISATION WITH WHICH YOU ARE ASSOCIATED, PROVIDING YOUR PERSONAL INFORMATION TO ELEMENT OR OTHERWISE USING OUR WEBSITE, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY AND OUR WEBSITE TERMS & CONDITIONS.

1.4 We use the following definitions in this Privacy Policy:

“Element" or "we," "us" or "our", means Element Capital Management LLC and Element Capital Partners LLP.

“Personal Information” means any data which relates to a living individual who can be identified from that data or from that data and other information which is in the possession of, or is likely to come into the possession of, Element (or its representatives or service providers). In addition to factual information, it includes any expression of opinion about an individual and any indication of the intentions of Element or any other person in respect of an individual.

2. Third Party Websites

The Site may link to third party websites or services not owned or controlled by Element. Please note that this Privacy Policy does not apply to those third party websites and Element is not responsible for the data collection practices of any third parties. If you are registered to use our investor portal (currently hosted by Intralinks), your use of such investor portal is governed by the terms of the Intralinks privacy policy and the Element investor privacy notice made available to all of Element’s investors.

3. The Types of Personal Information We Collect and Use

We collect, use, store and transfer different types of Personal Information about you as described below:

(A) Personal Information You Provide To Us: such information may include:

(1) Basic Personal Information (such as first name; family name; email address; phone number; address; city; postcode; country; professional title; employer name);

(2) Any information that you choose to share with us (whether through the Site or otherwise, including any comments or other content you submit to us) which may be considered Personal Information; and

(3) When you have an investor account, we collect your login information, including your username and password, which we use to facilitate access to the investor portal.

(B) Information That We Collect or Generate About You: such information may include:

(1) Information about our business relationship with you and our interactions with you; and

(2) When you submit identifiable comments or other content to us, we collect whatever information you supply and use this information to communicate with you if requested, and otherwise fulfil the purpose of the content submission.

(C) Information We Collect From Other Sources:

(1) Information from publicly available sources (including third party agencies such as fraud prevention agencies; public databases and other public available sources);

(2) Information obtained from background screening providers;

(3) In addition to the categories of Personal Information described above, we may also process further anonymized information and data does not directly reveal your identity (“Other Information”). If we associate Other Information with Personal Information, we will treat the combined information as Personal Information in accordance with this Privacy Policy; and/or

(4) As you interact with the Site, we collect certain information automatically and store it in log files. This information may include IP addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp and/or clickstream data. We generally only use this data for purposes such as security, fraud detection, and protecting our rights.

4. How We Use Your Information

4.1 Your Personal Information may be stored and processed by us in the following ways and for the following purposes:

(A) For the management, conduct and administration of our business, and to provide our products and services to you;

(B) Contacting you to respond to your requests or inquiries and provide user support;

(C) Contacting you about products or services that we believe may be of interest to you or us, new product or service announcements or event invitations;

(D) Conducting market research, surveys and similar inquiries to help us understand trends and user needs across product categories or user groups;

(E) Creating, improving and developing our products and services and the operation of our business;

(F) Preventing, investigating, or providing notice of fraud, unlawful or criminal activity, or unauthorized access to or use of Personal Information, our Site or data systems;

(G) In order to comply with and in order to assess compliance with applicable laws, rules and regulations, and internal policies and procedures;

(H) Investigating and resolving disputes and security issues and enforcing our legal rights;

(I) For the administration and maintenance of our IT systems; and/or

(J) For the administration and maintenance of databases storing Personal Information.

4.2 However when we use Personal Information we make sure that usage complies with law, and the law allows us and requires us to use Personal Information for a variety of reasons. These include where:

(A) We need to do so in order to perform our contractual obligations with you (or any organisation with which you are associated);

(B) We have obtained your consent;

(C) We have legal and regulatory obligations that we have to discharge;

(D) We need to do so in order to establish, exercise or defend our legal rights or for the purpose of legal proceedings; and/or

(E) The use of your Personal Information as described is necessary for our legitimate business interests, such as:

(1) allowing us to effectively and efficiently manage and administer the operation of our business;

(2) conducting market research or business analysis;

(3) maintaining compliance with internal policies and procedures; and/or

(4) promoting our business.

4.3 We will take steps to ensure that the Personal Information is accessed only by staff of Element that have a need to do so for the purposes described in this Privacy Policy.

5. When We May Share Information With Third Parties

5.1 We may share your personal Information within the Element group of companies for the purposes described above.

5.2 We may also share your Personal Information outside of the Element group for the following purposes:

(A) Service Providers: We may share your Personal Information with third party agents and contractors for the purposes of providing services to us (for example, accountants, auditors, professional advisors, IT and communications providers). These third parties will be subject to appropriate data protection obligations and they will only use your Personal Information as described in this Privacy Policy;

(B) Business Partners: For example, this could include intermediaries that introduced you to us or through whom you transacted with Element;

(C) Legal Process, Safety and Terms Enforcement: We may disclose your Personal Information to the extent required by law, for example if we are under a duty to disclose your Personal Information to any legal or government regulatory authorities in response to their requests for such information or to assist in investigations. We may also disclose your Personal Information to third parties in connection with claims, disputes or litigation, when otherwise required by law, or if we determine its disclosure is necessary to protect you or us, or to enforce our legal rights or contractual commitments that you have made; and

(D) Business Transfers: Your Personal Information may be disclosed as part of a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets, including bankruptcy proceedings, and could be transferred to a third party as one of the business assets in such a transaction. It may also be disclosed in the event of insolvency, bankruptcy or receivership.

6. International Transfer of Personal Information

6.1 Element has offices in different countries and, as a result, we may transfer your Personal Information to locations outside of your country.

6.2 Where we transfer your Personal Information from a country within Europe to another country outside Europe, we will ensure that it is protected and transferred in a manner consistent with legal requirements. In relation to data being transferred outside of Europe, for example, this may be done in one of the following ways:

  • the country that we send the data to might be approved by the European Commission as offering an adequate level of protection for Personal Information;
  • the recipient might have signed up to a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your Personal Information;
  • where the recipient is located in the US, it might be a certified member of the EU-US Privacy Shield scheme; or
  • in other circumstances the law may permit us to otherwise transfer your Personal Information outside Europe.

6.3 You can obtain more details of the protection given to your Personal Information when it is Information transferred outside Europe (including a copy of the standard data protection clauses which we have entered into with recipients of your Personal Information) by contacting us as described in paragraph 10 below.

7. How Long We Keep Your Personal Information

7.1 How long we will hold your Personal Information for will vary and will be determined by the following criteria:

(A) the purpose for which we are using it – Element will need to keep the data for at least as long as is necessary for that purpose; and

(B) legal obligations – laws or regulation may set a minimum period for which we have to keep your Personal Information.

8. Your Rights

8.1 In all the above cases in which we collect, use or store your Personal Information, you may have the following rights and, in most cases, you can exercise them free of charge. These rights include:

(A) The right to obtain information regarding the processing of your Personal Information and access to the Personal Information which we hold about you;

(B) The right to withdraw your consent to the processing of your Personal Information at any time. Please note, however, that we may still be entitled to process your Personal Information if we have another legitimate reason for doing so. For example, we may need to retain Personal Information to comply with a legal obligation;

(C) In some circumstances, the right to receive some Personal Information in a structured, commonly used and machine-readable format and/or request that we transmit those data to a third party where this is technically feasible. Please note that this right only applies to Personal Information which you have provided directly to Element;

(D) The right to request that we rectify your Personal Information if it is inaccurate or incomplete;

(E) The right to request that we erase your Personal Information in certain circumstances. Please note that there may be circumstances where you ask us to erase your Personal Information but we are legally entitled to retain it;

(F) The right to object to, or request that we restrict, our processing of your Personal Information in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your Personal Information but we are legally entitled to refuse that request; and

(G) The right to lodge a complaint with the relevant data protection regulator if you think that any of your rights have been infringed by us.

8.2 You can exercise your rights by contacting us using the details listed in paragraph 10 below.

9. Changes to this Policy

9.1 This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Information, we will notify you by posting a revised policy on the Site and updating the effective date above.

9.2 If you do not agree to our policy regarding our use of your Personal Information, you must notify us that you wish to cease your interactions with us. Undertaking business or interacting with Element, or continuing to do so, either directly or through an organisation with which you are associated, providing your personal information to Element or otherwise using our Site shall indicate your agreement to be bound by the terms and conditions of the then current policy.

10. How to Contact Us

10.1 If you have any questions or concerns about Element’s handling of your Personal Information, or about this Privacy Policy, please contact us using the following contact information:

Address: 600 Lexington Ave., 34th Floor, New York, NY 10022
Email Address: ir@elementcapital.com
Telephone: +1 (212) 993 7000

10.2 In the alternative, Element’s designated representative in the EU may be contacted using the following contact information:

Element Capital Partners LLP
Address: 14 Curzon Street, London W1J 5HN
Email Address: tslotover@elementcapital.com

10.3 We are usually able to resolve privacy questions or concerns promptly and effectively. If you are not satisfied with the response you receive from us, you may escalate concerns to the applicable privacy regulator in your jurisdiction.