FACTS | WHAT DOES BOW RIVER ASSET MANAGEMENT LLC D/B/A BOW RIVER CAPITAL (“BOW RIVER CAPITAL”) DO WITH YOUR PERSONAL INFORMATION? |
WHY? | Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. This Privacy Notice applies to consumers. Consumers do not include institutions. Please read this notice carefully to understand what we do. |
WHAT? |
The types of personal information we collect and share depends on the products or services you have with us. This information can include:
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HOW? | All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Bow River Capital chooses to share; and whether you can limit this sharing. |
Reasons we can share your personal information | Does Bow River Capital Share? | Can you limit this sharing? |
For our everyday business purposes - such as to process your transactions, maintain your accounts(s), administer and operate the fund of which you are a limited partner, or respond to court orders and legal investigations. This includes providing this information to third-party service providers contracted by Bow River. | Yes | No |
For our everyday business purposes - such as to process your transactions, maintain your accounts(s), administer and operate the fund of which you are a limited partner, or respond to court orders and legal investigations. This includes providing this information to third-party service providers contracted by Bow River. | Yes | No |
For our marketing purposes - to offer our products and services to you. | No | We don’t share |
For joint marketing with other financial companies | No | We don’t share |
For our affiliates' everyday business purposes - information about your transactions and account balances | No | We don’t share |
For our affiliates' everyday business purposes – information about your creditworthiness | No | We don’t share |
For our affiliates to market to you | No | We don’t share |
For non-affiliates to market to you | No | We don’t share |
Questions? | Contact James Kerr, Chief Compliance Officer at 720-574-9639 or kerr@bowrivercapital.com |
Who we are | |
Who is providing this notice? | Bow River Capital and its Affiliates. |
What we do | |
How does Bow River protect my personal information? | To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and office spaces. All of our employees have agreed to comply with our Privacy Notice and receive training to better understand the importance of confidentiality and customer privacy. We restrict access to your personal information to those employees and vendors who have a business reason for using such information. If you decide to close your account(s) or other obligation(s) or otherwise become an inactive customer, any personal information we have about you will remain subject to the practices described in this Privacy Notice. |
How does Bow River collect my personal information? |
We collect your personal information, for example, when you:
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To limit our sharing |
To limit our sharing of your personal information, you can contact us: By mail: Bow River Asset Management LLC 205 Detroit Street, 8th Floor Denver, Colorado 80206 Attn: James D Kerr, CCO By phone: +1-720-574-9639 By email: kerr@bowrivercapital.com Note: If you are a new customer, we can begin sharing your information 45 days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us at any time to limit our sharing. |
To limit direct marketing |
To limit our direct marketing of your personal information, you can contact us: By mail: Bow River Asset Management LLC 205 Detroit Street, 8th Floor Denver, Colorado 80206 Attn: James D Kerr, CCO By phone: +1-720-574-9639 By email: kerr@bowrivercapital.com Note: A Do Not Call election is effective for five years from the time the request was made. You may continue to receive marketing information in regular account mailings and statements. You may also be contacted to service your account or participate in surveys. If you have an account, we may continue to contact you to assist you as necessary to manage your account. |
Why can't I limit all sharing? |
Federal law gives you the right to limit only:
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Definitions | |
Affiliates |
Companies related by common ownership or control. They can be financial and nonfinancial companies.
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Non-affiliates |
Companies not related by common ownership or control. They can be financial and nonfinancial companies.
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Joint Marketing | Bow River Capital does not have any formal agreements with non-affiliated financial companies to jointly market financial products or services to you. |
Information for Residents of the European Economic Area and United Kingdom | |
General | Limited Partners who reside in the European Economic Area (EEA) or the United Kingdom have certain rights pursuant to the General Data Protection Regulation (GDPR) or the UK General Data Protection Regulation (UK GDPR), as applicable. If you are a resident of the EEA or United Kingdom and do not agree with Bow River Capital’s use of your personal data as set forth in this Privacy Notice, you should not submit your personal information to Bow River Capital. Please note that if you do not submit your personal information, for example a failure to fully complete the Bow River Capital Subscription Agreement, or if exercise your rights to prevent Bow River Capital from using your data where necessary for us to comply with U.S. securities or other laws or for other reasons stated above, Bow River Capital may be put in a position of not accepting you as an investor in Bow River Capital funds. |
Bow River’s Status Under the GDPR And UK GDPR | Under GDPR and UK GDPR, Bow River Capital is a “controller.” Which means we transfer, use and/or store your personal information outside of the EEA or United Kingdom, in the U.S. The U.S. may not afford the same level of data protection as offered by the GDPR or UK GDPR. Also, your information will also be processed by personnel whose operations are outside the EEA or United Kingdom, for example those who work for Bow River Capital or one of Bow River Capital’s vendors that service the funds. |
How Bow River Might Have to Use Your Personal Information Under the GDPR and UK GDPR |
Bow River Capital is entitled to use your personal data in the following ways as set forth in our Privacy Policy above:
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How Bow River Might Share your Information Under the GDPR and UK GDPR |
In certain circumstances, and in order to perform its services, Bow River Capital may share certain information about you as described in this section:
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Your Rights Under GDPR and UK GDPR |
Under certain circumstances, the GDPR and UK GDPR affords you the right to:
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Retention of Your Personal Information | We will keep your information as long as necessary depending on Bow River Capital’s legal obligations under securities and other laws or for our own protection regarding potential or initiated disputes. |
Exercising Your Rights under GDPR and UK GDPR |
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Inquiries, Complaints or Withdrawing Your Consent |
If you choose to not to provide your consent, you can withdraw it at any time by contacting us. Should you have any questions or concerns relating to this Privacy Notice or the processing of personal data we hold about
you, please contact us:
By mail:
Bow River Asset Management LLC 205 Detroit Street, 8th Floor Denver, Colorado 80206 Attn: James D Kerr, CCO By phone: +1-720-574-9639 By email: kerr@bowrivercapital.com |
Effective Date of Notice | This policy is current as of May 2024. Bow River Capital reserves the right to change this policy at any time, depending on changes in legal or other requirements or as circumstances may dictate. We will notify all limited partners to which this policy may apply of any such amendment. |
Information for Residents of the States of California, Colorado, Virginia, or Utah | |||||||||||||||||||||||||||||||||||||||||||||
General | In 2018, California passed the California Consumer Privacy Act of 2018 (CCPA), which will require select U.S. companies to implement a number of privacy initiatives which will afford California residents certain data privacy rights. Virginia and Colorado passed similar laws in 2021. Connecticut and Utah passed similar laws in 2022. | ||||||||||||||||||||||||||||||||||||||||||||
Bow River Capital’s Status Under the CCPA and other State Consumer Privacy Laws |
Bow River Capital, from time to time, offers investment opportunities to limited partners that reside in the State of California. For this purpose, Bow River Capital is considered to be “doing business” in California and
thus is covered by and will comply with the requirements of the CCPA. Bow River Capital similarly does business in Virginia, Colorado, Connecticut, and Utah and will comply with the Virginia Consumer Data Protection Act of 2021; Colorado Privacy Act of 2021; Connecticut Data Privacy Act of 2022, and the Utah Privacy Act of 2022, as applicable (collectively, with CCPA, BState Consumer Privacy Laws). |
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How Bow River Capital Might Have to Use Your Personal Information |
Bow River Capital does not engage in automated decision making or automated profiling that produces legal or similar significant effects. Bow River Capital is entitled to use your personal data in the following ways:
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Your Rights Under State Consumer Privacy Laws |
Bow River Capital does not sell any of your personal information. Bow River Capital does not collect or use your sensitive personal information (as defined under the CCPA). In addition to protections with respect to the
sale of your information, State Consumer Privacy Laws may afford you the following rights: Right to Notice. Before we collect personal information from you, you are entitled to know which categories of information are being collected and the purposes for which we are using the information. Most of the information Bow River Capital collects is required under Federal securities laws, such as the Know Your Customer Rule or Anti-Money Laundering statutes. Right to Access your Information. Upon your request, we must take steps to disclose and deliver, free of charge to you, the personal information you provided to us, which may be delivered by mail or electronically. Right to Know. You have the right to request that we disclose: (1) the categories of your personal information; (2) the sources from which the information was collected; (3) the business purpose for collecting the information; (4) categories of third parties with whom we share the information; (5) the specific pieces of personal information we collected about you. We may from time to time, share your personal information with third party administrators of our funds. Your personal information is never sold and is provided to vendors with whom we contact to assist with the servicing of your account. Right to Delete. You may request that we delete your personal information unless we need it to: (1) complete the transaction; (2) provide a service requested by you; (3) perform a service reasonably aligned with your expectations based on our relationship with you; (4) comply with a legal obligation; (5) use your personal information, internally, in a lawful manner that is compatible with the context in which the information to us. Right to Opt Out. You have a right to opt out of the sale of personal information by any business. Bow River does not sell any of your information. Right to Notification of Financial Incentive. Given that Bow River Capital is required to collect your data for regulatory purposes, we do not offer any financial incentives for providing us your data. Right to Not to be Discriminated Against. State Consumer Privacy Laws prohibit companies from discriminating against you for exercising any of these rights. Note that we may offer you certain financial incentives permitted by State Consumer Privacy Laws that can result in different prices, rates, or quality levels. Any State Consumer Privacy Law-permitted financial incentive we offer, will reasonably relate to your Personal Information's value to us and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. Appeal. If we decline to take action in response to any of your privacy requests, you have the right to appeal that decision within a reasonable amount of time, but no later than 90 days from the date of our decision. To submit a request for appeal, You can exercise this right by contacting us as set forth in “Contact Us” below with the subject line “Appeal a Decision” and providing us with your name and the email address associated with your account. If you believe your rights have been violated and you are not able to resolve the issue directly with us, you may file a complaint with your state attorney general’s office. |
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Retention of Your Personal Information | We will keep your information as long as necessary depending on Bow River Capital’s legal obligations under securities and other laws or for our own protection regarding potential or initiated disputes. | ||||||||||||||||||||||||||||||||||||||||||||
Exercising Your Rights under State Consumer Privacy Laws |
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Contact Us -Inquiries, Complaints or Withdrawing Your Consent |
If you choose to not to provide your consent, you can withdraw it at any time by contacting us. Should you have any questions or concerns relating to this Privacy Notice or the processing of personal data we hold about
you, please contact us:
By mail:
Bow River Asset Management LLC 205 Detroit Street, 8th Floor Denver, Colorado 80206 Attn: James D Kerr, CCO By phone: +1-720-574-9639 By email: kerr@bowrivercapital.com |
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Effective Date of Notice | This policy is current as of May 2024. Bow River Capital reserves the right to change this policy at any time, depending on changes in legal or other requirements or as circumstances may dictate. We will notify all limited partners to which this policy may apply of any such amendment. | ||||||||||||||||||||||||||||||||||||||||||||
Cookies, Behavioral Advertising, and Opt Out Options |
Bow River Capital may use tools outlined below in order to provide its website and services (“Bow River Capital Services”), advertise to, and better understand users.
Bow River Capital may use a type of advertising commonly known as interest-based or online behavioral advertising. This means that some of its partners use tracking tools to collect information about a user’s online activities to display Bow River Capital ads to the user based on the user’s interests (“Behavioral Advertising”). Bow River Capital’s partners may include third-party advertisers and other third-party service providers, and such partners may collect information when you use the Bow River Capital Services, such as IP address, mobile device ID, operating system, and demographic information. These tracking tools help Bow River Capital learn more about its users’ demographics and Internet behaviors. Options for Opting out of Cookies and Mobile Device Identifiers If Bow River Capital processes Cookies based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any point in time by contacting us at kerr@bowrivercapital.com. Please note, if you exercise this right, you may have to provide your consent on a case-by-case basis to enable you to utilize some or all of the Bow River Capital Services. You may be able to reject Cookies and/or mobile device identifiers by activating the appropriate setting on your browser or device. Although you are not required to accept Bow River Capital’s Cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Bow River Capital Services. You may opt out of receiving certain Cookies by visiting the Network Advertising Initiative (NAI) opt out page or the Digital Advertising Alliance (DAA) opt out page, or by installing the DAA’s AppChoices app (for iOS; for Android) on your mobile device. When you use these opt-out features, an “opt-out” Cookie will be placed on your device indicating that you do not want to receive interest-based advertising from NAI or DAA member companies. If you delete Cookies on your device, you may need to opt out again. For information about how to opt out of interest-based advertising on mobile devices, please visit http://www.applicationprivacy.org/expressing-your- behavioral-advertising-choices-on-a-mobile-device. You will need to opt out of each browser and device for which you desire to apply these opt-out features. Even after opting out of Behavioral Advertising, you may still see Bow River Capital advertisements that are not interest-based (i.e., not targeted toward you). Also, opting out does not mean that Bow River Capital is no longer using tracking tools. Bow River Capital still may collect information about your use of its services even after you have opted out of Behavioral Advertising and may still serve advertisements to you via the Bow River Capital Services based on information it collects through the Bow River Capital Services. This Privacy Notice does not cover the use of Cookies and other tracking tools by any third parties, and we are not responsible for the privacy practices of any third party. Please be aware that some third-party Cookies can continue to track your activities online even after you have left the Bow River Capital Services. “Do Not Track” (DNT) and Universal Opt-Out Preference Signals Some web browsers (including Safari, Internet Explorer, Firefox, and Chrome) incorporate a “Do Not Track” (DNT) or similar feature that signals to web services that a visitor does not want to have their online activity and behavior tracked. If a web service operator elects to respond to a particular DNT signal, the web service operator may refrain from collecting certain personal information about the browser’s user. Not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. For these reasons, many web service operators, including Bow River Capital, do not proactively respond to DNT signals. For more information about DNT signals, visit http://allaboutdnt.com. New standards are being developed for a Universal Opt-Out Mechanism, such as the Global Privacy Control (GPC), which allow users with GPC-enabled browsers and devices to send a signal that will communicate the user’s request to opt-out of sales of their personal information and to opt-out of certain sharing of their personal information. The CPRA and other laws allow for the acceptance of Opt-Out Preference Signals such as the GPC, as an option for users to transmit an Opt-Out of selling/sharing personal information. If Bow River Capital detects and recognizes such a signal from your device or browser, Bow River Capital will honor it |