Privacy Policy

Certain Capital Investments, LLC, Certain Capital Advisors, LLC, and Certain Capital Management, LLC (collectively, “Certain Capital,” “we,” or “us”) are committed to respecting your privacy and protecting your personal information. This Privacy Policy explains how we collect, use, share, and safeguard information when you visit our website (the “Site”) or otherwise interact with us, as well as your rights and choices regarding that information. By using or accessing our Site, you signify that you have read and agree to the practices described in this Privacy Policy. (If you do not agree, please do not use the Site.) This Privacy Policy is posted on our website and is separate from any other privacy notice we may provide to investors or clients (for example, a privacy notice provided to our fund investors as required under U.S. Securities and Exchange Commission Regulation S-P. We strive to comply with applicable privacy laws in the United States and internationally, including (where applicable) the EU General Data Protection Regulation (GDPR) and similar laws.

Information We Collect

Information You Provide to Us: We may collect personal information that you voluntarily provide. For example, if you contact us through a form on the Site, via email, or by other means, we will collect the information you provide. This may include identifiers such as your name, email address, telephone number, company/organization, and any other information you choose to share (e.g. the content of your inquiry).

Information We Collect Automatically: When you visit our Site, we automatically collect certain information about your device and usage of the Site through cookies, log files, and other tracking technologies. This may include your Internet Protocol (IP) address, browser type, device type or identifier, operating system, referring/exit pages, pages or content viewed, dates/times of access, and other technical information about your interaction with the Site. We (or third-party analytics providers on our behalf) use cookies and similar technologies to collect this usage data in order to understand how our visitors use the Site, to remember your preferences, and to improve your user experience.

Cookies and Tracking Technologies: A “cookie” is a small text file that websites send to your device to uniquely identify your browser or to store information. Our Site uses cookies (and similar technologies such as web beacons or pixels) to collect and store certain information whenever you visit. For example, we may use cookies to recognize you when you return to the Site, to keep track of your preferences, and for security purposes. We also may use third-party analytics services, such as Google Analytics, which use cookies and similar tools to collect information about how you use the Site (e.g. which pages you visit and for how long). We use this information to analyze Site traffic and usage. The information collected via these cookies is typically aggregated and does not directly identify you. You can control or disable cookies through your browser settings – for example, you may set your browser to refuse all or some cookies or to alert you when cookies are being sent. Please note that if you disable or delete cookies, some features of our Site may not function properly.

No Sensitive Personal Data: We do not intentionally collect any sensitive personal information through the public Site (such as Social Security numbers, financial account passwords, or health information) unless you choose to provide it. Please refrain from sending or uploading sensitive data through the Site. If you are an investor in a Certain Capital fund and provide sensitive personal data through secure channels (for example, for identity verification or compliance purposes), we will handle such data in accordance with applicable law and our internal policies.

Children’s Privacy: Our Site is not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If you are under 13, please do not use or provide any information on this Site. In the event we learn that we have inadvertently collected personal information from a child under 13 (or under the applicable minimum age in certain jurisdictions), we will delete that information promptly. Parents or guardians who believe we might have any information from or about a minor under 13 may contact us as described below in the “Contact Us” section.

How We Use Your Information

We may use the personal information we collect for one or more of the following purposes (consistent with applicable law):

  • To Respond to Your Inquiries and Provide Services: If you contact us or request information, we will use your contact information and other provided data to respond to you, send you requested materials, or otherwise communicate with you. This may include providing information about our firm, investment strategies, or answering questions you submit. If you are a prospective investor, we may use your information to evaluate and process your potential investment or client relationship, including performing due diligence and meeting legal/regulatory requirements (such as “Know Your Customer” and anti-money laundering checks).
  • For Site Operation and Improvement: We use the information (including automatically collected data) to operate, maintain, and improve our website and services. This helps us understand how users interact with the Site, personalize user experience, and develop new features. For instance, we may analyze usage patterns to improve navigation or content, or use analytics data to troubleshoot technical issues.
  • To Ensure Security and Prevent Misuse: We may use information to protect the security and integrity of our Site, business, and users. For example, we may monitor for suspicious or fraudulent activity and use IP addresses or other data to help block spam or attacks. We may also use personal information to investigate or take action against illegal activities, suspected fraud, or violations of our agreements or policies.
  • To Comply with Legal and Regulatory Obligations: We may process personal information as required to fulfill our obligations under applicable laws and regulations, particularly in our capacity as an investment management business. This includes using personal data to maintain records, meet SEC or other regulatory requirements, respond to subpoenas or lawful information requests, or otherwise comply with applicable laws. For instance, as a regulated financial entity we may need to retain certain transaction or investor records for a period of time and disclose information to regulators upon request.
  • In Connection with Corporate Transactions: If Certain Capital undergoes a business transaction such as a merger, acquisition, reorganization, or sale of assets, personal information may be transferred as part of that transaction as permitted by law. If such a change happens, we would use, protect, and share the information as outlined in this Policy (unless otherwise directed by a succeeding entity and provided such use is consistent with applicable privacy laws).

We will only use your personal information for the purposes for which we collected it, or for closely related purposes that would be reasonably expected, unless we obtain your consent for other uses or as otherwise required or permitted by law.

Legal Bases for Processing (EEA/UK Visitors)

If you are located in the European Economic Area (EEA) or United Kingdom, we will ensure that we have a valid legal basis to process your personal data. The legal bases we rely on include: (a) Performance of a contract – e.g., processing data to provide you with information or services you requested; (b) Legitimate interests – e.g., improving our Site, securing our systems, or responding to your inquiries, balanced against your privacy rights; (c) Compliance with a legal obligation – e.g., retaining records for regulatory compliance; and (d) Your consent – where applicable, such as for certain marketing communications or non-essential cookies (you have the right to withdraw consent at any time, which will not affect the lawfulness of processing based on consent before its withdrawal).

How We Share Information

We do not sell your personal information to third parties in exchange for monetary compensation. However, we may share your personal information with certain third parties under the following circumstances, in accordance with applicable law:

  • Affiliates: We may share information with our affiliated companies and entities – including entities that we control, are under common control with us, or that are under control of Certain Capital’s principals – for the purposes described in this Policy. For example, information may be shared between Certain Capital Investments, LLC (the fund entity) and Certain Capital Management, LLC (the management company) and any related funds or advisory entities, as needed to service your relationship or operate our business. We limit access to personal data among our affiliates to those who need to know it for these purposes, and such sharing will be consistent with this Policy and applicable law.
  • Service Providers and Professional Advisors: We may share your information with third-party service providers, vendors, and consultants who perform services on our behalf to support our operations. This can include, for example, IT hosting and maintenance providers, cloud storage services, analytics providers, email or marketing service providers, auditors, attorneys, custodians, administrators of our funds, or other professional advisors. These service providers are contractually obligated to keep the information confidential and to use it only for the specific services we request, and in a manner consistent with this Privacy Policy and applicable law.
  • Business Transfers: If we sell or transfer all or a portion of Certain Capital’s business or assets (or are considering such a transaction, like a merger or acquisition), personal information relevant to that transaction may be disclosed to prospective or actual buyers or other parties involved as part of the due diligence process, under appropriate confidentiality protections. If a transaction is completed, your personal information may be among the assets transferred to the buyer or successor entity, who may thereafter use the data in accordance with their own policies (we will provide notice as required by law in such circumstances).
  • Legal Compliance and Protection: We may disclose personal information to third parties if required to do so by law or legal process, or if we have a good-faith belief that such action is necessary to: (i) comply with a legal obligation, regulatory inquiry, or government request; (ii) enforce our Terms & Conditions or other agreements; (iii) detect, investigate, or protect against fraudulent, malicious, or illegal activity; or (iv) protect the rights, property, safety, or security of Certain Capital, our investors, clients, employees, or the public. This includes exchanging information with law enforcement authorities or other organizations as appropriate.
  • With Your Consent or At Your Direction: We may share your personal information with other parties if you specifically request or direct us to do so, or otherwise with your explicit consent. For example, if you ask us to introduce you to a third-party partner or to share your contact information with a prospective co-investor, we will do so with your permission.

Apart from the purposes above, we will not share your non-public personal information with unaffiliated third parties for their own marketing use. Internally, access to personal data is restricted to personnel who have a business need for such information to perform their duties. We maintain policies and procedures designed to ensure any sharing of information is done in compliance with relevant privacy regulations (such as SEC Regulation S-P for financial information).

International Data Transfers

Certain Capital is based in the United States, and the information we collect is generally processed and stored on servers located in the U.S. If you are visiting the Site from outside the U.S., please be aware that your personal information may be transferred to and stored in the United States or other jurisdictions which may not provide the same level of data protection as your home country. We will, however, take appropriate measures to ensure that your personal data remains protected in accordance with this Policy and applicable law.

If you are located in the EEA, UK, or another region with data transfer restrictions, we will implement suitable safeguards for cross-border transfers of personal data. This may include entering into Standard Contractual Clauses or other approved data transfer agreements to ensure an adequate level of protection, or relying on other permissible legal mechanisms. In all cases, we will strive to protect personal information transferred outside of your jurisdiction in line with the standards required by relevant privacy laws. You may contact us (see Contact Us section below) for more information on the safeguards we use for international data transfers.

Data Security

We employ a variety of physical, technical, and administrative measures to safeguard the personal information within our organization. These measures are aimed at protecting your information from loss, misuse, unauthorized access or disclosure, alteration, and destruction. We adhere to high standards of security consistent with federal and international requirements – for example, we maintain physical, electronic, and procedural safeguards in accordance with U.S. federal and EU standards to protect non-public personal information. Our security controls include, but are not limited to: secure network infrastructures, encryption and access controls for sensitive data, intrusion detection systems, and policies restricting the use and disclosure of personal data by our staff.

Despite our efforts, please note that no method of transmission over the Internet or method of electronic storage is 100% secure. We cannot guarantee absolute security of information. You share and transmit information to us at your own risk. In the event of a data breach or security incident, we will comply with all applicable breach notification laws.

Data Retention

We retain personal information for as long as necessary to fulfill the purposes for which we collected it, and for such period as we are required to do so by law or business considerations. In practice, the retention period will vary depending on the type of data and the context in which it was provided. For example, if you contact us with a question, we may retain your correspondence for a certain time to follow up if needed; if you enter into a business relationship or investment with us, we will retain your information for the duration of that relationship and for a period thereafter as required by applicable regulations and our record-keeping policies. As a regulated investment management firm, Certain Capital must adhere to various legal and regulatory record retention requirements – for instance, we may be obligated to keep certain transactional or investor records for a number of years for audit and compliance purposes.

Once personal information is no longer needed for the purposes for which it was collected or to satisfy any legal/regulatory obligations, we will either securely destroy it or anonymize it (so that it can no longer be associated with an identifiable individual). If it is not feasible (for technical or other reasons) to completely remove certain data from our systems, we will put in place appropriate measures to prevent any further active use of such data.

Your Privacy Rights and Choices

General Rights: We respect your rights to know about and control your personal information. Depending on applicable law and your location, you may have certain rights regarding the personal data we hold about you. These may include the right to access your data, to correct or update it if it’s inaccurate or outdated, to delete or erase it (in certain circumstances), to restrict or object to our processing of it, and to data portability (obtaining a copy of your personal data in a usable format, in certain situations). Individuals in the European Economic Area (EEA) and some other jurisdictions have comprehensive rights over their data. For example, if you are in the EEA, you have the right to request confirmation of whether we process personal data about you and to obtain a copy of that data; you can ask that we rectify any inaccurate personal data; you can request erasure of your personal data under certain conditions; you can object to or request restriction of processing in certain cases; and you have the right not to be subject to automated decision-making (which we generally do not engage in). You also have the right to lodge a complaint with a supervisory data protection authority in your country if you believe we have infringed your privacy rights.

California Residents: If you are a resident of California, U.S., you may have specific rights under the California Consumer Privacy Act (CCPA) and similar state laws. These rights may include: the right to know what personal information we have collected, used, or disclosed about you in the past 12 months; the right to request deletion of your personal information (subject to certain exceptions); the right to opt-out of the “sale” of your personal information (as noted, we do not sell personal data in the traditional sense); and the right to not receive discriminatory treatment for exercising any of your rights. If applicable, you or your authorized agent can submit a verifiable consumer request to exercise these rights by contacting us as described below. We will ask you for information to verify your identity (and authority, if through an agent) before fulfilling such requests, as required by law.

Exercising Your Rights: To exercise any of the rights above or to ask questions about your rights, you may contact us using the information provided in the Contact Us section. We will respond to legitimate requests within the timeframe required by law. Please note that some rights are subject to limitations – for example, we cannot disclose certain sensitive information in response to an access request, and we may decline deletion requests if the information is needed to comply with legal obligations or for other exempt purposes. If we refuse a request, we will explain the reasons to the extent required.

Updates to this Privacy Policy

We may update or revise this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or other factors. If we make material changes to the way we handle your personal information, we will provide appropriate notice, which may include posting the updated Privacy Policy on our Site with a new effective date and/or informing you via contact information you have provided. We encourage you to review this page periodically for the latest information on our privacy practices. Your continued use of the Site after any changes to this Privacy Policy have been posted will signify your acceptance of those changes, to the extent permitted by law.

For investors and clients, we will continue to distribute our Privacy Notice on an annual basis or as otherwise required by law, and will notify you of any material changes as part of that process. (If you cease to be a client or investor, we will continue to treat your information in accordance with our then-current Privacy Policy, but you will not receive annual notices.)

Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please feel free to contact us:

Certain Capital (Attn: Privacy)
7901 4th Street North, Suite 8828
St. Petersburg, FL 33702 USA
Email: info@certaincapital.com

We will be happy to respond to your inquiries or assist you in exercising any of your rights. Your privacy is important to us, and we welcome your feedback.