The following terms and conditions (the “Terms”) govern your access to and use of the Balyasny Asset Management L.P. (“Balyasny,” or “we” or “us”) web site located at bamfunds.com including the information, data, tools, software code, illustrations, graphics, other visuals, text, products, services and other content (collectively, the “Content”) available on or through that web site (the web site and Content collectively referred to as the “Site”). By accessing the Site you accept in their entirety the Terms and you acknowledge and agree that you have read and agree to the Terms and that you have received a copy of the Terms, whether by your viewing a web page containing a hyperlink to the web page where the Terms are displayed or otherwise. The terms “you” or “your” in these Terms refer to both you personally and any other party on whose behalf you are accessing the Site, as the context requires. We may change the Terms from time to time, by posting such changes on the Site, without providing you any direct notice. If you do not agree to the Terms, do not visit or use the Site.
1. Disclaimer: You acknowledge that: (a) we are a global investment management firm advising private investment funds only and we do not provide investment advisory or similar services to any clients other than such private investment funds; (b) under no circumstances should any information presented here be used or construed as an offer, or solicitation of any offer, or other form of invitation or inducement, to sell or buy any securities or other investments, or used or construed as advice regarding investments or a recommendation to purchase, sell or hold any security or other investment, or to pursue any investment style or strategy; (c) we do not give any advice or make any representations as to whether any investment, investment strategy or investment style is suitable for you or will be profitable; (d) we make reasonable efforts to provide accurate Content on the Site, but at times we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise incorrect; (e) we may change all or any portion of the Site at any time without notice to you. You agree that we are not liable for any action you take or decision you make in reliance on any Content. ALL CONTENT AND INFORMATION AVAILABLE ON OR THROUGH THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON THE SITE IS INTENDED TO BE, AND YOU SHOULD NOT CONSIDER ANYTHING ON THE SITE TO BE, INVESTMENT, ACCOUNTING, TAX OR LEGAL ADVICE. IF YOU WOULD LIKE INVESTMENT, ACCOUNTING, TAX OR LEGAL ADVICE, YOU SHOULD CONSULT WITH YOUR OWN FINANCIAL ADVISORS, ACCOUNTANTS OR ATTORNEYS REGARDING YOUR INDIVIDUAL CIRCUMSTANCES AND NEEDS.
2. Proprietary Rights: The Site, including the look and feel, design and organization of the Site and the compilation of the Content (each of which, for the avoidance of doubt, are included in the term the “Site”) is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by Balyasny, its affiliates and/or third parties. Your use of the Site does not grant to you ownership of anything you may access on the Site.
3. Limited License: You may access and view the content of the Site on your computer or other internet compatible device, and make limited copies of limited excerpts of the Content on the Site for your personal and non-commercial use only. You may only discuss the Content or other information that you learn from the Site with your financial advisors, accountants or attorneys, and others with whom you evaluate investment decisions. Notwithstanding anything herein to the contrary, you (and each of your employees, representatives, or other agents) may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of any transaction or any materials of any kind (including opinions or other tax analyses) that are provided to the you via the Site relating to such tax treatment and tax structure, it being understood that “tax treatment” and “tax structure” do not include the name or the identifying information of Balyasny or its affiliates.
4. Prohibited Use: Any commercial use or distribution, publishing or exploitation of the Site or of anything on the Site is strictly prohibited unless you have received the express written prior permission of Balyasny and the applicable rights holder. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site. You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site.
5. Trademarks: The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site or on content available through the Site, including Balyasny Asset Management, BAM, www.bamfunds.com and other indicia of Balyasny and its products and/or services, are registered and unregistered Trademarks of ours and others and may not be used in violation of applicable rights. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the express prior written permission of Balyasny and the applicable rights holder.
6. Security: You are solely responsible for the security of your computer system, including, using and maintaining appropriate anti-virus, firewall and backup software. Balyasny disclaims any responsibility or liability for any problem with your computer systems, including any Virus (as defined below) that your computer systems receive as a result of your use of the Site. “Virus” means: (i) program code or programming instruction or set of instructions that disrupt, disable, harm, interfere with, otherwise adversely affect or without authorization access or delete computer programs, data files or operations; or (ii) other code typically described as a virus or by similar terms, including Trojan horse, worm or backdoor. We have in place procedures to protect information we collect online; however, we cannot guarantee the security of our database, nor can we guarantee that the information you supply will not be intercepted once transmitted to us over the Site.
7. Monitoring, Reporting and Other Actions: We may monitor and record activity on the Site for any reason or for no reason. We may investigate any complaint or reported violation of our policies. We may report any activity that we suspect may violate law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate, without notice. We may issue warnings, suspend or terminate your use of the Site, deny access to all or part of the Site or take any other action that we deem appropriate without notice. We have the right to terminate, change, suspend, impose limits on or discontinue any aspect of the Site or the Site's services, or your access to or use thereof, at any time, and for any reason or no reason without notice.
9. Disclosure to other parties: We may share your personal information with our affiliates. We may also share your personal information if compelled to do so pursuant to a subpoena or applicable law, regulation, rule or legal process of a court of law, regulatory authority or other governmental body.
‘Session based’ cookie. This is essential for parts of the Site to operate and has already been set. It is used to maintain the state of a user’s actions so as not to constantly request the same information from them within a ‘session’.
‘Remember me’ cookie. This is a permanent cookie which can remember who you are once you have logged into the Site so you are not asked to log in again for future visits.
11. Prohibited Conduct: You warrant and agree that, while accessing or using the Site, you shall not: (a) obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site; (b) engage in spidering, “screen scraping,” “database scraping,” or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including any information residing on any server or database connected to the Site; (c) use the Site in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site, including sending mass unsolicited messages or “flooding” servers with requests; (d) use the Site in violation of Balyasny's or any third party's intellectual property or other proprietary or legal rights; (e) use the Site in violation of any applicable law or the Terms; (f) attempt (or encourage or support any one else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or its services; or (g) delete any Content on the Site.
12. Linking to the Site: You agree not to link directly to any image, graphic, text or other Content on the Site, such as using an “in-line” linking method to cause the Content to be displayed on another web site, unless expressly permitted by us in writing. You agree not to download or use images hosted on this Site for any purpose, including posting such images on another web site, unless expressly permitted by us in writing. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials, advertising or branding. We may require that any link to the Site be discontinued, and/or revoke your right and ability to link to the Site from any web site at any time.
13. Third Party Web Sites: If there are any links from the Site to third party web sites or any third party web sites link to the Site (“Linked Sites”), such links do not constitute an endorsement or sponsorship by us of such sites or any of the contents of Linked Sites and we have no responsibility whatsoever for anything on Linked Sites. Any use of or reliance on a Linked Site is done at your own risk and you assume all responsibilities and consequences resulting from such use or reliance.
14. DISCLAIMER OF WARRANTIES: THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES. WE DO NOT WARRANT THAT THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED, COMPLETE OR ERROR FREE OR WILL MEET USERS' REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED. NO RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. BALYASNY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER CONTENT FROM THE SITE.
15. LIMITATION OF LIABILITY: IN NO EVENT WHATSOEVER SHALL WE, OUR AFFILIATES, OUR CLIENTS OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS OR LICENSORS (ALL THE FOREGOING COLLECTIVELY, THE “PROTECTED PERSONS”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING LOST BUSINESS, SALES, SAVINGS OR PROFIT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE OR OTHERWISE), IN EACH CASE, ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, EVEN IF SUCH PROTECTED PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE TO SURVIVE AND REMAIN IN FORCE NOTWITHSTANDING ANY REMEDY’S FAILURE OF ITS ESSENTIAL PURPOSE
16. Indemnification: You agree to indemnify, defend and hold harmless the Protected Persons from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to: (a) your use of the Site or any Content; (b) your breach of the Terms; (c) your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights; (d) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in the Terms or (e) your infringement of the intellectual property rights of any third parties.
17. Location of Your Access to the Site: We control and operate the Site from our offices in the United States of America and any access or use of the Site by you will be deemed to be at our offices in the United States. We do not represent that the Site is appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
18. Contacting the Site: If you have any questions relating to the Site, or if you would like to submit a complaint or other report to us, please contact us at: email@example.com.
19. Arbitration: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE. You and Balyasny agree that any dispute that arises between us that we cannot resolve informally we will submit to binding arbitration pursuant to the rules of the American Arbitration Association, as applied in in the Borough of Manhattan, New York State. Regarding the resolution of any dispute, you understand that:
Arbitration is final and binding. By agreeing to arbitration, you waive your right to resolve disputes in court, including the right to a jury trial. Arbitration is different from a court proceeding and is generally more limited. The arbitrator’s decision is not required to include factual findings or legal reasoning. Your right to appeal or seek to modify the arbitrator’s rulings is strictly limited.
Any questions about the nature of our relationship or the law surrounding this relationship will be governed by New York State law without giving effect to conflicts of law principles.
20. Miscellaneous: By using the Site, you represent and warrant that you agree to abide by and that you are fully able and capable of complying with all of the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms. The parties’ respective representations, warranties, obligations, rights and remedies herein shall be deemed cumulative, and any party’s exercise of any one of such party’s rights or remedies shall not preclude such party’s exercise of any other right or remedy then available to it (whether hereunder, another written, signed contract or at law or in equity). Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Protected Persons are intended third party beneficiaries of the Terms. Nothing in the Terms, express or implied, is intended to or shall confer upon any other person other than the foregoing any rights, benefits or remedies of any nature whatsoever. Without limiting the generality of the foregoing, no provision herein shall be for the benefit of or enforceable by any creditor of any party hereto. You may not assign the Terms or delegate any of your obligations under the Terms. Any purported assignment of the Terms in violation hereof is void. The Terms constitute the entire understanding, and supersedes all other understandings, between you and Balyasny concerning the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. As used in the Terms, unless the context otherwise requires, (i) words in the singular number or in the plural number shall each include the singular number and the plural number, (ii) the use of any gender shall include all genders, (iii) “including” (and any of its derivative forms, e.g. “includes”) means including but not limited to, (iv) “will”, “should” and “shall” are expressions of command, not merely expressions of future intent or expectation.
II. Collection and Processing of Personal Data
- THE PRODUCTS AND SERVICES WE PROVIDE
- THE TYPES OF PERSONAL DATA WE COLLECT
- HOW WE USE YOUR INFORMATION
- DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES
- INTERNATIONAL TRANSFERS OF PERSONAL DATA
- HOW WE SAFEGUARD YOUR INFORMATION
- HOW LONG WE KEEP YOUR PERSONAL DATA
- YOUR RIGHTS
- DESIGNATED REPRESENTATIVE
- QUESTIONS AND CONCERNS
- Balyasny and other companies in the Balyasny group collect and use certain Personal Data. Balyasny is responsible for ensuring that it uses that Personal Data in compliance with data protection laws.
- THE PRODUCTS AND SERVICES WE PROVIDE
- Information we receive through our websites ("Balyasny Websites");
- Information we receive through the course of providing our investment management services and offering funds managed by Balyasny (such services and funds being “Balyasny Products");
- Information we receive through our support, mobile security solution or cloud-based services ("Balyasny Services").
- THE TYPES OF PERSONAL DATA WE COLLECT
- Many of the services offered by Balyasny require us to obtain Personal Data about you in order to perform the services we have been engaged to provide. In relation to each of the services described at paragraph 2.1 above, we will collect and process the following Personal Data about you:
“Balyasny”, “we” or “us” means Balyasny and other companies in the Balyasny group.
“Personal Data” 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, Balyasny (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 Balyasny or any other person in respect of an individual.
- Information that you provide to Balyasny. This includes information about you that you provide to us, including information that you send to us via emails which are subsequently collected and stored in BAM systems. The nature of the services you are requesting will determine the kind of Personal Data we request from you. Information you provide to Balyasny may include (by way of a non-exhaustive list):
- basic Personal Data (such as first name; family name; position in your company; your company name; email address; business phone number; business address; city; postcode; country);
- if provided by you via a Balyasny Website for recruiting or employment purposes, Personal Data regarding your candidacy for employment, including but not limited to your resume/CV, certifications, and test scores;
- any information that you choose to share on Balyasny internet forums and portals, such as our Investor Portal or administrative sections of the website, which may be considered Personal Data.
- Information that we collect or generate about you. This includes (by way of non-exhaustive list):
- a file with your contact history to be used for enquiry purposes so that we may ensure that you are satisfied with the services which we have provided to you, or to assist us in providing you with the Balyasny Products;
- if you create a user account with respect to the Balyasny Websites, either for administrative purposes or via our Investor Portal, information regarding your account, such as your user name and ip address and what pages you visit;
- through our cloud security services, traffic and security reports that include information on the internet usage of the organisation’s computer users (e.g. what websites were visited by each user, any documents downloaded, security incidents, prevention measures taken by the gateway, etc.); and
- for users accessing the administrative section of the Balyasny Websites, activity data relating to the use of protected documents, such as altering a document’s permissions and information regarding the individual that performed the activity.
- When you visit Balyasny Websites, cookies are used to collect technical information about the services that you use, and how you use them.
- Anonymized data
- In addition to the categories of Personal Data described above, Balyasny will also process further anonymized information and data that is not processed by reference to a specific individual.
- Your Personal Data may be stored and processed by us in the following ways and for the following purposes:
- for ongoing review and improvement of the information provided on Balyasny Websites to ensure they are user friendly and to prevent any potential disruptions or cyber attacks;
- to allow you to use the Balyasny Products;
- to assess your subscription agreement for Balyasny Products, where applicable;
- to set up users to use the Investor Portal;
- to set up users to access the administrative portion of the Balyasny Websites;
- to conduct analysis required to detect malicious data and understand how this may affect your IT system;
- for statistical monitoring and analysis of current attacks on devices and systems and for the on-going adaptation of the solutions provided to secure devices and systems against current attacks;
- to understand feedback on Balyasny Products and to help provide more information on the use of those products and services quickly and easily;
- to communicate with you in order to provide you with services or information about Balyasny and Balyasny Products;
- for in-depth threat analysis;
- to understand your needs and interests;
- for the management and administration of our business;
- for recruiting or employment purposes;
- in order to comply with and in order to assess compliance with applicable laws, rules and regulations, and internal policies and procedures; or
- for the administration and maintenance of databases storing Personal Data.
- we need to do so in order to perform our contractual obligations with our customers;
- we have obtained your consent;
- we have legal and regulatory obligations that we have to discharge;
- we may need to do so in order to establish, exercise or defend our legal rights or for the purpose of legal proceedings;
- the use of your Personal Data as described is necessary for our legitimate business interests, such as:
- allowing us to effectively and efficiently manage and administer the operation of our business;
- maintaining compliance with internal policies and procedures;
- monitoring the use of our copyrighted materials;
- enabling quick and easy access to information on Balyasny Products;
- offering optimal, up-to-date security solutions for mobile devices and IT systems; and
- obtaining further knowledge of current threats to network security in order to update our security solutions and provide these to the market.
- We may share your Personal Data within the Balyasny group of companies for the purposes described above.
- We may also share your Personal Data outside of the Balyasny group for the following purposes:
- with our business partners. For example, this could include our partners to whom you or your company or your organisation submit your subscription for Balyasny Product(s). Personal Data will only be transferred to a business partner who is contractually obliged to comply with appropriate data protection obligations and the relevant privacy and confidentiality legislation;
- to the extent required by law, for example if we are under a duty to disclose your Personal Data in order to comply with any legal obligation (including, without limitation, in order to comply with tax reporting requirements and disclosures to regulators), or to establish, exercise or defend its legal rights;
- if we sell our business or assets, in which case we may need to disclose your Personal Data to the prospective buyer for due diligence purposes; and
- if we are acquired by a third party, in which case the Personal Data held by us about you will be disclosed to the third party buyer.
- Balyasny is a global business. Our customers and our operations are spread around the world. As a result we collect and transfer Personal Data on a global basis. That means that we may transfer your Personal Data to locations outside of your country.
- Personal Data collected for recruiting or employment purposes, regardless of where collected, may be transferred to our U.S. headquarters and may be transferred outside of the EEA (or your home country, if not in the EEA) to our affiliates or third parties that process application information for the purposes described above. When this occurs, Balyasny requires such companies to treat your information confidentially.
- Where you are in the EEA and we transfer your Personal Data to another country outside the EEA, 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 Data;
- 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 Data;
- 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 Data outside Europe.
- We have extensive controls in place to maintain the security of our information and information systems. Client files are protected with safeguards according to the sensitivity of the relevant information. Appropriate controls (such as restricted access) are placed on our computer systems. Physical access to areas where particularly sensitive Personal Data (for example, resumes/CVs submitted for recruiting purposes) is gathered, processed or stored is limited to authorised employees.
- Balyasny employees are required to follow all applicable laws and regulations, including in relation to data protection law. Access to sensitive Personal Data is limited to those employees who need to it to perform their roles. Unauthorised use or disclosure of confidential client information by a Balyasny employee is prohibited and may result in disciplinary measures.
- When you contact a Balyasny employee about your file, you may be asked for some Personal Data. This type of safeguard is designed to ensure that only you, or someone authorised by you, has access to your file.
- How long we will hold your Personal Data for will vary and will be determined by the following criteria:
- the purpose for which we are using it – Balyasny will need to keep the data for as long as is necessary for that purpose; and
- legal obligations – laws or regulation may set a minimum period for which we have to keep your Personal Data.
- In all the above cases in which we collect, use or store your Personal Data and you are in the EEA, you may have the following rights and, in most cases, you can exercise them free of charge. These rights include:
- the right to obtain information regarding the processing of your Personal Data and access to the Personal Data which we hold about you;
- the right to withdraw your consent to the processing of your Personal Data at any time. Please note, however, that we may still be entitled to process your Personal Data if we have another legitimate reason for doing so. For example, we may need to retain Personal Data to comply with a legal obligation;
- in some circumstances, the right to receive some Personal Data 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 Data which you have provided directly to Balyasny;
- the right to request that we rectify your Personal Data if it is inaccurate or incomplete;
- the right to request that we erase your Personal Data in certain circumstances. Please note that there may be circumstances where you ask us to erase your Personal Data but we are legally entitled to retain it;
- the right to object to, or request that we restrict, our processing of your Personal Data in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your Personal Data but we are legally entitled to refuse that request; and
- 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.
- Balyasny’s office may be contacted using the following contact information:
Address: 444 W. Lake St., 50th Floor, Chicago, IL 60606, Attention: Legal Department
Email Address: firstname.lastname@example.org
- Balyasny’s designated representative in the EU may be contacted using the following contact information:
Address: 23 King Street, 4th Floor, London SW1Y 6QY
Attention: Dina Madan
Email Address: GDPR@bamfunds.com
- If you have any questions or concerns about Balyasny’s handling of your Personal Data, or about this Policy, please contact our EU designated representative using the contact information above.
We are usually able to resolve privacy questions or concerns promptly and effectively. If you are not satisfied with the response you receive from our designated representative, you may escalate concerns to the applicable privacy regulator in your jurisdiction. Upon request, Balyasny's designated representative will provide you with the contact information for that regulator.