To: Investors in FFC Partners II, L.P., FFC Executive Partners II, L.P., FFC Partners III-B, L.P., FFC Executive Partners III, L.P., and FFC Arcadia Investment, LLC, who are natural persons:
As required under the United States Federal Trade Commission’s “Privacy of Consumer Financial Information Rules” we are providing this notice to individual investors (i.e., investors who are natural persons) in the private investment funds sponsored by Ferrer Freeman & Company, LLC and its affiliates in order to inform you of our privacy policies and practices with respect to your personal, nonpublic information.
It is important to note that we have always treated the personal information we receive from all of our investors with sensitivity and plan to continue that practice. We do not disclose any non-public personal information concerning you to anyone, except as permitted by law or regulation. Certain disclosures are “permitted under the rules” (for example, disclosures to accountants and attorneys for the funds) and the rules allow an individual investor to elect to “opt out” of any other disclosures to unaffiliated third parties. We believe that all of our existing and future anticipated disclosures are permissible under these rules and will therefore not be affected by an “opt out” election. In the unlikely event we deem it necessary to disclose information that is not permitted under the rules, we have provided you with an election to “opt out” of such disclosure.
In connection with the formation and ongoing activities of our private investment funds, we collect and maintain nonpublic personal information about our individual investors from the following sources:
a) Information we receive from you from the subscription agreements, investor questionnaires, and other forms that you submit to us or contracts that you enter into with us;
b) Information related to your transactions with us, our affiliates or nonaffiliated third parties;
c) Information obtained from meetings and telephone conversations with you; and
d) Information we receive about you from other sources.
For example, the types of nonpublic personal information we collect includes items such as bank account numbers that you have disclosed to us, your capital commitment to our investment funds, and your payment history.
We may disclose any of the information we collect, including the nonpublic personal information described above, to nonaffiliated third parties and to our affiliates for our everyday business purposes, such as to complete investments by our investment funds, to maintain your accounts, to complete transactions that you request, to respond to court orders and legal investigations, to report to credit bureaus, and other customary uses in connection with the activities of our investment funds. For example, we may disclose the information we collect, as described above, to:
a) Financial service providers, such as broker-dealers, custodians, banks and others used to finance or facilitate transactions by or operations of our private funds; and
b) Actual and potential portfolio companies, purchasers thereof and potential co-investors, and each of their respective advisors if requested in connection with an investment or disposition.
We may also disclose nonpublic personal information about you to nonaffiliated third parties as permitted by law and in accordance with the agreements governing your investment in our private funds, including:
a) Other service providers to our investment funds, such as those who provide accounting, legal, or tax preparation services;
b) Other partners and potential investors in our investment funds; and
c) Transfer agents, portfolio companies, brokerage firms and the like, in connection with distributions to our limited partners.
We maintain physical, electronic, and procedural safeguards that comply with federal law to protect your personal information from unauthorized access and use.
Disclosure Opt Out
If you prefer that we not disclose nonpublic personal information about you to nonaffiliated third parties, you may opt out of those disclosures (other than disclosures described above or permitted by law or the agreements governing your investment in our private funds); that is, you may direct us not to make those disclosures (other than disclosures described above or permitted by law or the agreements governing your investment in our private funds). To opt out of disclosures to nonaffiliated third parties, please contact us at (203) 532-8011.