Effective Date: April 30, 2021
Harrison Street Real Estate Capital, LLC, and its affiliates, including registered investment advisers, and investment vehicles sponsored or managed by Harrison Street Real Estate Capital, LLC (collectively, “Harrison Street“) provides this Policy in order to describe how we collect, use and protect information that relates to any identified or identifiable person (“personal information”, or “personal data”). This Policy describes your rights in relation to applicable privacy laws including, United States federal and state laws, the UK and EU General Data Protection Regulation (“GDPR”), and the Data Protection Law, 2017 of the Cayman Islands (the “DPL”) as amended from time to time and any regulations, codes of practice or orders promulgated pursuant thereto.
The “Additional Information under GDPR and DPL” section of this Policy sets out additional information if you are working with our UK office, or are a UK or EEA resident, or if the DPL applies.
For persons outside the UK or EEA, or persons transacting with Harrison Street entities outside the UK or EEA: By visiting the Site, or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site or Services, and any dispute over privacy will be handled in accordance with this Policy.
We are present in the UK through our subsidiary and some of our investment funds. We are present in the Cayman Islands through some of our investment funds.
If the DPL applies, the relevant fund will be characterized under the DPL as a ‘data controller’, while certain of the fund’s service providers, affiliates and delegates may act as ‘data processors’ under the DPL.
If you are a nominee investor or a corporate entity, this notice will be relevant for those individuals connected to you and you should transmit this document to such individuals for their awareness and consideration.
The personal information we collect about you
We collect and use the following personal information:
- Contact information: name, address, and other contact information provided to Harrison Street in the course of its business;
- Business information: data identifying you in relation to transactions with us, in particular as provided in subscription agreements and other investment documents;
- Information necessary to comply with Harrison Street regulatory and reporting obligations: in particular, data necessary to comply with the relevant anti-money laundering laws, sanction screening and regulatory checks related to individual investors and individuals holding at least 10 percent of the equity interest in a legal entity you use to invest with Harrison Street (including name, address, Social Security Number, and date of birth); for a copy of the Harrison Street Anti‐Money Laundering and Counter‐Terrorism Financing Policy, please contact us at the contact information provided below;
- Information in connection with investigations or proceedings: where this is necessary to conduct an investigation or proceeding;
- Attendance records: to record your attendance at our offices for security purposes;
- Supplier data: contact details and other information about you or your company or organization where you provide services to Harrison Street;
- Subscriptions/marketing: when you subscribe to receive information on investment opportunities, our updates or newsletters;
- Events data: attendance at and provision of feedback forms in relation to our events;
- Technical information: when you access this website and our technology services, certain information may be captured, including IP address, browser type and version (e.g. Internet Explorer, Firefox, Safari etc.), time zone setting, browser plug-in types and versions, the operating system you are using (e.g. Vista, Windows XP, MacOS, etc.), device type, hardware model, unique identifiers and mobile network information;
- Online data: when you access this website and our technology services, information about your visit including URL clickstream to, through and from our website (including date and time), information about your network as such as information about devices, nodes, configurations, connection speeds and network application performance; pages viewed or searched for, page response times, download errors, length of visits and interaction information (such as scrolling, clicks, mouse-overs) and whether you click on particular links or open our emails; Harrison Street does not collect personal data about your online activities across third party websites or online services;
- Special categories of personal data: such as dietary, disability or similar requirements for events and meetings. If you do not provide this information, we may not be able to respond to your needs or preferences;
- Social media: posts, likes, tweets and other interactions with our social media presence;
- Criminal record data: where permitted by national law and appropriate to do so, such as existence of prior criminal offences (or confirmation of clean criminal record).
The above data will be provided to us by you, your employer, the company or organization who is our client or screening providers who assist us with our legal obligations, in particular to conduct anti−money laundering, sanctions screening and regulatory checks. We may also collect personal data from publicly available sources.
Why we use your personal information; legal bases
We process personal information when we have a specific justification (“legal basis”) for doing so:
- Legal Obligation legal basis – Processing is necessary to comply with UK or EEA legal or regulatory obligations: for example, anti-money laundering, mandatory client screening checks, disclosure to law enforcement, and complying with court orders.
- Contract Performance legal basis – Processing is necessary to perform a contract with you or take pre-contractual steps at your request: forexample, contacting you to confirm payment instructions or providing information about potential investments.
- Legitimate Interests legal basis – Processing is necessary for our legitimate interests or those of a third party provided any interests or rights that you have as an individual do not override our rights.
- Vital Interests legal basis – Processing is necessary to protect the vital interest of an individual.
We use your personal information for the following purposes and legal bases:
- Contract Performance – Everyday business: maintaining your account within a Harrison Street-sponsored fund or with an affiliated registered investment adviser, managing and running transactions with you, your company or an otherwise affiliated entity;
- Contract Performance – Business relationship: managing and administering our relationship with you, your company or organization including keeping records about business contacts, services and payments; enforcing payment and other obligations;
- Legal Obligations – UK Regulatory and compliance: compliance with our UK legal and regulatory obligations as a real estate private equity firm including auditing and reporting requirements, due diligence (under anti−money laundering, sanctions screening and other crime prevention and detection laws and regulatory requirements), which may involve automated screening checks to ensure that clients and contacts are genuine, and to prevent fraud or crime; we may not be able to provide our services if you do not provide the information we need to do these checks; complying with the law, a judicial proceeding, court order, or other legal process; exercising, establishing and defending legal claims;
Where we carry out these activities to comply with US laws and regulations, our legal basis is our Legitimate Interest in protecting our assets and our reputation by conducting our business in compliance with applicable laws.
- Contract Performance – Events: running briefings, roundtables and other events;
- Contract Performance – Managing suppliers: who deliver services to us;
- Legitimate Interest in improving our performance and promoting our business to grow our revenues – Analytics and Marketing; Communications: sending emails, newsletters and other messages to keep you informed of investment opportunities, recent developments, market insights and of our offerings; identifying what our clients want and developing our relationship with you, your company or organization; understanding how visitors use our websites; analyzing and improving our communications, services and offerings; introducing investment opportunities, managing inquiries and feedback; receiving information from other Harrison Street entities; developing relationships with business partners;
- Legitimate Interest in protecting our employees and clients, or Vital Interests where vital interests of clients, staff or other persons are at stake – Site security and emergency management: to provide security to our offices and other premises (normally collecting your name and contact details on entry to our buildings) and to manage emergencies;
- Legitimate Interest in ensuring the effectiveness of our website – Website monitoring: to check the website and our other technology services are being used appropriately and to optimize their functionality;
- Legitimate Interest in protecting our assets – Online security: protecting our information assets and technology platforms from unauthorized access or usage and to monitor for malware and other security threats;
- Legitimate Interest in protecting our assets – Enforcing rights: investigating, preventing, or taking action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of this Policy, or as evidence in litigation in which we are involved;
- Legitimate Interest in operating our business efficiently – Business Reorganization: sharing data in connection with investments, acquisitions, divestitures and transfers of a business or assets; participating in a bankruptcy or liquidation or similar proceeding;
- Consent – Any other specific purpose: any other specific purpose where you have otherwise consented to the processing of your personal information, such as to receive marketing messages.
We will only use your personal data for the purposes for which we collected it, as set out in this Policy and, if applicable, in Fund documents. If we need to use your personal data for an unrelated purpose, we will contact you.
With whom do we share your personal data?
We share only that personal information that we are permitted by law to share and will only share such information in a manner that complies with applicable law, including GDPR and the DPL, and U.S. data protection laws where applicable.
We share your information with others as follows:
- Harrison Street affiliates: including their management, staff and contractors;
- Suppliers: who support our business including IT and communication suppliers, outsourced business support, advisors and consultants, law firms, and back up suppliers. Our suppliers must meet minimum standards as to information security and they will only be provided data in line with their function and on a “need to know” basis;
- Screening service providers: so that we can comply with legal obligations in relation to the prevention of crime, anti-money laundering, sanctions screening and other required checks;
- Service providers: we disclose the information we collect from you to service providers, contractors or agents who may perform operational or IT functions on our behalf (e.g., cloud storage providers);
- Website users: if you post to our Site, including, without limitation, reviews, comments, and text, your username and content may be available to other users of the Sites and Services.
We also disclose information in the following circumstances:
- Business Transfers: if (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we may share certain of your personal information with lenders, auditors, and third-party advisors, including attorneys and consultants.
- In Response to Legal Process: we disclose your information to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
- To Protect Us and Others: we disclose your information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of this Policy, or as evidence in litigation in which we are involved.
- Other Appropriate Parties: in the event of an emergency or to protect the health and safety of our clients, staff and organizations (e.g., first responders, public safety).
To protect your personal information, we maintain physical, electronic and procedural safeguards designed to comply with the applicable laws. We train our employees in the proper handling of personal data.
How long do we keep your data?
We generally keep your information as needed to securely render our business, close transactions and to deal with claims. This will depend on several factors such as whether you or your company or organization are an existing client or have interacted with recent client mailings or bulletins or attended recent events. We will retain your information as necessary to comply with legal, accounting or regulatory requirements. We will not retain your personal information for longer than is necessary for the purposes explained above.
With your consent, when required by applicable law, we may use the information you give us for direct marketing purposes to provide emails, newsletters and other messages to keep you informed of investment opportunities, recent developments, market insights and of our services including events that we think may interest you.
You can opt-out of receiving direct marketing from us at any time. You can do this by contacting us at the contact details provided below or clicking the unsubscribe link in any email we send you.
We do not intend to or knowingly collect information from children or other persons who are under 18 years old. If you are under 18 years old, you may not submit any personal data to us. If we discover that a child under 18 has provided us with personal information, we will delete such information from our systems.
Do-Not-Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third-Party Ad Network section.
Third-Party Ad Networks
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site, Services, or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.
If you are in Europe and would like to learn more about how advertisers use these cookies or to choose not to receive them, please visit http://www.youronlinechoices.eu.
Changes to this Policy
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site and Application. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site and Application, or by contacting you if we have your contact information.
How to Contact Us
If you would like more information about the way we manage personal data that we hold about you, please contact us:
Harrison Street Real Estate Capital, LLC
444 West Lake Street, Suite 2100
Chicago, IL 60606 USA
For European Union:
Harrison Street Real Estate Capital, Ltd.
20 St. James’s Street
London SW1A 1ES
If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us as directed above.
Your Privacy Rights Under California Shine the Light Law. Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), California residents who provide us certain personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use. Such requests may be made once per calendar year for information about any relevant third-party sharing in the prior calendar year. To submit a “Shine the Light” request, email us at: firstname.lastname@example.org and include in your request a current California address and your attestation that you are a California resident.
Additional Information under GDPR and DPL
If you are working with our UK office or are a UK or EEA resident or if the DPL applies, you may have certain rights in relation to your personal data. The availability of these rights and the ways in which you can use them are set out below in more detail.
Some of these rights will only apply in certain circumstances. If you would like to exercise, or discuss, any of these rights, please contact us at the contact details here.
- Information: you are entitled to be informed as to how we collect and use your personal data;
- Access: you are entitled to ask us if we are processing your data and, if we are, you can request access to your personal data. This enables you to receive a copy of the personal data we hold about you and certain other information about it unless prevented by applicable regulation (e.g., on professional secrecy), or if it would adversely affect rights and freedoms of others (e.g., Intellectual Property, trade secrets);
- Correction: you are entitled to request that any incomplete or inaccurate personal data we hold about you is corrected;
- Erasure: you are entitled to ask us to delete or remove personal data in specific circumstances. There are exceptions where we may refuse a request for erasure, for example, where the personal data is required for compliance with law;
- Restriction: under certain conditions you are entitled to ask us to suspend the processing of your personal data, for example if you want us to establish its accuracy or the reason for processing it;
- Data Portability: when we process your personal data based on contract performance or your consent, you may ask us to transfer certain of your personal data to another party;
- Objection: where we are processing your personal data on the legal basis of our legitimate interest (or those of a third party) you may object on grounds particular to you. However, we may be entitled to continue processing your information. You also have the right to object where we are processing your personal information for direct marketing purposes;
- Consent: where we are processing personal data with consent, you have the right to withdraw consent at any time and require us to stop processing or restrict the processing, or not begin the processing, of your personal data, without affecting the lawfulness of processing based on consent before its withdrawal,
You also have a right to lodge a complaint with a data protection supervisory authority in the UK or EEA where you are habitually resident, your place of work, or where an alleged infringement of the GPPR or the applicable local data protection law has taken place. If the DPL applies, you have the right to complain to the Data Protection Ombudsman of the Cayman Islands (you can access their website here: ombudsman.ky).
Please note that if you do not wish to provide us with requested personal information or subsequently withdraw your consent, you may not be able to invest in one of our Funds or remain invested in one of our Funds as it will affect our ability to provide our services to you and manage your investment.
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Where will your information be held?
We are present in USA, Europe and Asia and your information may be transferred out of your local jurisdiction or region. Data protection laws vary by country and those applicable in the USA and elsewhere are not equivalent to those applicable in, for example, the UK, EEA or certain other jurisdictions. Harrison Street will take steps to protect your information in line with locally applicable data protection requirements. For transfers of data from the UK or EEA jurisdictions Harrison Street has implemented appropriate safeguards where required, notably contractual terms. If you would like copies of the terms applicable to transfers from the UK or EEA, please contact us at: DataPrivacy@harrisonst.com.
Our reasons for using special category data
“Special category data” in the UK and EEA and certain other jurisdictions refers to sensitive personal data such as your racial or ethnic origin, religious beliefs or health data. We may also collect data about criminal convictions. As a general rule, we will not process this data, but in exceptional cases, we may process this data where:
- We have your explicit consent: for processing such information;
- This is necessary to protect your vital interests or those of another person: for example, in medical emergencies;
- You have manifestly made the data public:
- Processing is necessary to deal with legal claims: for example, involving court proceedings;
- Processing is necessary for substantial public interest: for example, to prevent or detect unlawful acts.
The UK and EEA representatives of Harrison Street Real Estate Capital, Ltd. can be reached at: DataPrivacy@harrisonst.com.