Privacy Policy

We are pleased that you have elected to visit the website, www.gawcapitalusa.com (the “Website” or the “Site”), which is operated by Gaw Capital Advisors (USA), LLC (“Gaw USA”, “us” and “we”). Gaw USA is an investment firm providing private equity real estate fund management and separate account management services. The Website describes our products, services, markets and locations.

In its capacity as data controller, Gaw USA is committed to safeguarding information from which any individual can be identified or which relates to an identifiable individual and/or as otherwise may be afforded protection under applicable data protection laws, such as names, contact details and ID data (“Personal Data“) entrusted to us by our clients, any other individual with whom we interact and all visitors to the Gaw USA Website (“you”). Gaw USA has implemented this Privacy Policy to govern the use of Personal Data that we collect through the Site (or through the other means identified below), including Personal Data you send to us. This Privacy Policy is intended to provide you with information as to: (i) the type of information that is collected, (ii) how the collected information is used and with whom it is shared; (iii) how we intend to protect the information; and (iv) how you can access such information and have it modified and/or removed.

This Privacy Policy may be changed from time to time, and we reserve the right to make minor changes without prior individual notice. Such changes are effective upon publication of the revised Privacy Policy. Please review this Privacy Policy often so that you will remain abreast of Gaw USA’s current policies, including its policies concerning the gathering and use of information that may be collected on our Site. You are responsible for making sure you are aware of the provisions of Gaw USA’s most current Privacy Policy. If you are not happy with any changes that we make, you should not use or access (or continue to use or access) the Site and/or our services. You can tell when the Privacy Policy was last modified by checking the “updated” date at the end of the Privacy Policy.

Notwithstanding anything to the contrary as set forth in this Privacy Policy, to the extent the rules of a particular jurisdiction would require action by Gaw USA that is different from the terms set forth herein, and such rules would be applicable in the circumstances presented, then Gaw USA will follow the rules of such jurisdiction, as applicable.

The following topics are discussed in more detail below:

Your California Privacy Rights

Collection and Use of Information

Personal Data

IP Address

Financial Information

Other Information

Your Consent

Use of Your Personal Data, purposes and legal basis

Opting In and Opting Out of Electronic Communications

Do Not Track Signals

Use of Your Personal Data within Gaw USA

Processing of EU, UK or DIFC Personal Data outside the EEA, the UK or the DIFC

Use of Your Personal Data by Our Service Providers

If Gaw USA changes ownership

Lawful access, legal action and investigations.

Use of Cookies, Google Analytics

Automated Decision Making

Disclosure of Information to Non-Affiliated Third Parties

Retention of Personal Data

Limiting Information Sharing/Accessing Your Information and other individual rights

Protection and Security of Information

Links to Other Website

Governing Law

Contact Us

Under California law, California residents who have provided personally identifiable information to a company may have the right to request the categories of Personal Data provided and the specific pieces of Personal Data that the company has collected from you. California residents also may have the right to request a list of all third parties to whom that company has disclosed and/or sold such information for the third parties’ business purposes during the preceding calendar year, along with a list of the categories of Personal Data that has been so disclosed and/or sold. Gaw USA does not at this time collect Personal Data other than internet and electronic activity information such as IP addresses through the Website, and does not use that Personal Data for any marketing or commercial purpose and does not share, sell, or disclose that Personal Data with any third party other than as set out in this policy. Notwithstanding the above, if you are a California resident who would like information on how to exercise your rights concerning third party disclosures under California law, you may contact Gaw USA by email at [email protected].

Personal Data. Personal Data is information that uniquely identifies you, such as your name, address, email address, and telephone number. Gaw USA does not collect Personal Data via the Website other than (i) details which you provide to Gaw USA when you contact Gaw USA via the Website; and (ii) internet and electronic activity information such as IP addresses (see below).

If you are a client (or potential client) of Gaw USA, we may also receive and collect your Personal Data, which will be handled in accordance with our privacy policies.

If you consider working with us, you may also provide us with your Personal Data, which will be handled in accordance with our privacy policies.

IP Address. An IP (Internet Protocol) address is a number that is automatically assigned to any device that connects to the internet by your internet service provider when you log on. Your IP address is not linked to your Personal Data but Gaw USA does reserve the right to use IP addresses to identify individuals who threaten the Site or other users or visitors. IP addresses may also be used to help diagnose problems with the Site and to gather broad anonymized demographic information about users of its Website.

Financial Information. Gaw USA does not collect any financial information through its Website.

Other Information. When you access the Website, Gaw USA will automatically receive some information about your use of the service. The type of information that is automatically collected by Gaw USA includes such things as the date and time of access of the Website, the Internet protocol (IP) address of the computer that you are using (see above), the domain and host from which you access the Internet, your browser software and operating system, the referring website address, and the specific activities you are engaged in while visiting the Site (collectively, “Network Activity Data” or “Automatic Tracking Information”). This aggregate tracking information is used to help Gaw USA improve and enhance the website experience for all of its visitors. The information we collect in this manner is usually anonymized, and we will not identify you from this data, subject to a need to do so to protect the Site and/or other users. We will carry out such processing on the basis that it is necessary for our or such other users’ legitimate interests.

Your Consent. In the future, if Gaw USA begins to collect Personal Data other than Network Activity Data or Automatic Tracking Information, you will be notified in this Privacy Policy of such changes. In any event, if the nature of the Personal Data Gaw USA collects changes, we will only collect, use and/or disclose such Personal Data where we have a lawful basis to do so, such as to pursue our legitimate interests or with your express consent. If we request your consent it will be to use your Personal Data for a particular purpose which we will make clear to you when we collect your information.

Unless you are located in the UAE, you must be 18 years of age to use this Site. If you are located in the UAE, you must be 21 years of age to use this Site. Gaw USA does not knowingly collect or maintain any Personal Data from children under the age of 16, and no part of the Site is designed with the purpose of attracting such children.

Use of Your Personal Data, purposes & legal basis. We collect and process some of your Personal Data so that we can perform a contract with you, some for the purpose of legal compliance and some for the purpose of our legitimate business interests (such as to respond to a communication you have sent to us via the Website and to carry out and improve our business and services and support our staff and clients). We require certain Personal Data to communicate with you as part of our engagement by you and/or entities associated with you (e.g. your work contact details), if you do not provide this Personal Data we will be unable to fulfil the terms of our engagement with you. We require certain Personal Data, such as copies of identity documentation, proofs of address and beneficial ownership information to fulfil our legal and regulatory obligations in relation to anti-money laundering and “know your client” obligations, if you do not provide us with this information we will be unable to fulfil our engagement with you, or entities associated with you, effect your or their investment decisions and, in certain situations, we may be obliged to terminate our arrangements with you.

We may also receive your Personal Data from third parties who collect Personal Data from you and pass it on to us (such as where our employees provide us with your information as their emergency contact details). We do not use the Personal Data we collect currently for any commercial purpose.

Where you have consented explicitly at the time we collected your Personal Data or where we otherwise have a right to do so, we may also use your Personal Data to let you know about any of our services that may be of interest to you and/or inform you about important changes or developments to our services by email. To the extent network activity data is used, it is used only as set forth in this Policy.

If you contact Gaw USA via direct postal mail and/or by telephone with a request and/or regarding your relationship with Gaw USA, we will contact you, if requested, using the contact information you provide at the time. Any contact information provided to Gaw USA at that time will be maintained and used only where we have a lawful basis to do so.

Opting in and opting out of electronic communications. If you receive electronic communications, such as emails, from Gaw USA at any time, you can opt-out of receiving future electronic communications by (i) emailing us at [email protected] or (ii) clicking on the “opt-out” or “unsubscribe” link in any commercial electronic communication you receive.

Do Not Track Signals. Certain web browsers provide users with an option by which you may have your browser send a “Do Not Track” signal to the website that you are visiting, advising the recipient website that you do not want to have your online activity tracked. However, the way browsers communicate such “Do Not Track” signals is not yet uniform and accordingly, our Site do not take any action in response to such signals. In the event a final standard is developed and accepted, we may reassess how we should respond to such signals.

Use of Your Personal Data Within Gaw USA. Gaw USA may share your Personal Data with our affiliates, which are companies controlled or owned by us, or companies that control us, or are under common control with us (“Affiliates”) subject to a lawful basis, such as our legitimate interests or your express consent, for the purposes of:

effecting your engagement of us (e.g. preparing and executing our engagement documentation)

carrying out your instructions during our engagement, including to assess suitable investment opportunities

complying with our regulatory and legal obligations in the jurisdictions in which we operate, such as carrying out anti-money laundering and “know your client” checks and in connection with our internal accounting and taxation matters

securing your information on our central systems and ensuring that our central administration teams can best support your Gaw USA team

assessing whether you can benefit from or are suited to other opportunities with our Affiliates and/or putting you in contact with teams in different markets or offering other services

taking appropriate security measures in relation to our physical locations (e.g. providing you with access cards at our premises) as well as our website, email and other of our external systems; and

effecting other requests you might make of us during our engagement.

If you use the Site from any country outside the United States, the various communications will necessarily result in the transfer of information across international boundaries, and by visiting the Site, you acknowledge these transfers as required or permitted by applicable law. We will share your Personal Data with unaffiliated third parties as expressly identified below, stated in this Privacy Policy or otherwise notified to you or where you have provided your express consent to or requested us to make such transfer. Your Personal Data will be stored on servers located in the United States.

Use of Your Personal Data by Our Service Providers. From time to time, we may hire third parties to assist us with certain functions and services, such as data processing, computer software and website maintenance and development, transaction processing, promotional and marketing services, customer service, professional, legal or accounting services and/or business and sales analysis. We may share your Personal Data with such third parties that we hire to perform services for us, where we have a lawful basis to do so. In such situations, Gaw USA requires that these companies agree to maintain the confidentiality of your Personal Data and to comply with the safeguards described in this Privacy Policy. These companies have access to the Personal Data needed to perform their functions but are not permitted to share or use such information for any other purposes.

If Gaw USA changes ownership. Subject to the applicable laws, we may also share your Personal Data as required to allow for a change in ownership of Gaw USA and/or any of Gaw USA’s Affiliates and/or of any business(es) to which the Site relates, and the related transfer of user information to the new owner. In the event of any such change of ownership, you will be notified that your Personal Data has been transferred to such third party and provided with an updated privacy notice in accordance with data protection laws.

Lawful Access, Legal Action and Investigations. Your Personal Data may be disclosed to regulatory, judicial and/or law enforcement bodies and their and our advisers, as either required by, or to otherwise comply with, applicable laws and regulations or to otherwise protect or enforce our legal rights. For example, we may disclose Personal Data if we believe it is necessary to investigate, prevent, or take action regarding suspected illegal activities or fraud, situations involving the physical safety of any person, violations of our Privacy Policy, or otherwise in accordance with applicable law. For example, Gaw USA may disclose your Personal Data to comply with investigations by regulatory authorities or enforcement agencies in the United States of America or elsewhere, or to protect against or prevent actual or potential fraud, Gaw USA may disclose your Personal Data if it is required to do so by law, compelled by court order or legal process, or is reasonably necessary and/or appropriate to: (i) protect the rights, property and/or safety of Gaw USA, its employees or any other person or entity; or (ii) prevent or take action concerning any alleged: (a) illegal activity or (b) breach of the Privacy Policy of the Website.

Use of Cookies, Google Analytics. The Site may make use of “cookies” – small data files which we may send to your computer on the basis of the information that we have collected about your visit. Please refer to our cookie policy at https://www.gawcapitalusa.com for more information.

Automated Decision Making. Gaw USA does not make use of any profiling or automated decision-making.

Disclosure of Personal Data to Non-Affiliated Third Parties. We do not collect and do not sell, rent or market Personal Data collected on this Site to non- affiliated third parties for any purpose. However, we may disclose aggregated statistics about visitors to the Site, along with anonymous information concerning individual users of the Site. We may combine anonymous information and/or aggregate information we collect with additional anonymous and/or aggregate information collected from other sources, all in compliance with applicable data protection laws. We may share anonymous information (including aggregate information) we collect regarding our users with third parties (such as advisors, and/or consultants) for various business purposes including conducting general business analysis, and developing website content and services.

Retention of Personal Data. To the extent you provide any Personal Data to Gaw USA, such Personal Data is retained to deliver our services, to otherwise fulfill identified purposes as mentioned above, for record-keeping and where required to comply with our regulatory and legal obligations. Gaw USA only keeps your Personal Data for the time necessary to achieve the purposes pursued, subject to legal archiving possibilities and the obligations to keep certain data (in particular, in the event of litigation or pre-litigation or to respond to requests from authorized, regulatory and taxation authorities and law enforcement bodies), and / or anonymization of Personal Data. Where we process such Personal Data on the basis of your consent, we will only keep such Personal Data until you withdraw your consent. The data retention period may vary depending on the purpose pursued. Gaw USA generally retains its records for a minimum of seven years.

At some point, within the limit of these time periods, Gaw USA may elect to destroy, erase or anonymize your Personal Data. Once anonymized, Gaw USA undertakes not to re-identify the information.

Limiting Information Sharing/Accessing Your Information and Other Individual Rights. To the extent any Personal Data is provided to Gaw USA by you or is collected by Gaw USA about you, you may have the following rights:

To request a copy of the Personal Data we hold about you together with certain other information in relation to how we have processed your Personal Data and a list of the organisations to whom it has been disclosed

To request that we correct or amend the Personal Data that we hold about you

To request that we erase the Personal Data we hold about you

To block or object to our processing of your Personal Data

To request that we transfer your Personal Data to a third party

Where we rely on your consent to process your Personal Data, to withdraw that consent

To lodge a complaint with a data protection regulator (see below) or

If you are a French citizen or otherwise benefit from French data protection laws, you also have the right to give instructions concerning the use and disclosure of your Personal Data after your death.

The right to exercise your legal rights in relation to your Personal Information without being discriminated against.

If you wish to exercise any of these rights, please contact us by email at [email protected].

Protection and Security of Information. Gaw USA maintains reasonable standards of confidentiality and security for the Website and the Personal Data collected from the Website. Physical, technical, electronic and managerial procedures have been employed to safeguard the security and integrity of Personal Data collected through the Website. Any Personal Data you provide is secured using industry standard security technology. Gaw USA also restricts its own employees’ access to Personal Data. However, it is possible that someone may intercept or access communications, transmissions and/or Personal Data.

In the event that Gaw USA determines that there has been a security breach that results in the unauthorized disclosure of Personal Data to a third party, Gaw USA will promptly notify consumers whose Personal Data it reasonably believes has been compromised by posting information on the Website and, if email contact is possible, then also by sending an email notification with respect to the situation.

You acknowledge that the security of online transactions you conduct using the Website cannot be fully guaranteed. To the fullest extent permitted by law, including subject to the protection offered by EU and EU Members States’ data protection laws, Gaw USA shall not accept responsibility for misuse or loss of, or unauthorized access to, your Personal Data.

Links to Other Website and Service. From time to time, the Site may contain links to other websites or social media features (collectively, “other websites”) that are not controlled and/or maintained by Gaw USA. Please be aware that these other websites may have different privacy policies which may subject you to different privacy practices. Please review the privacy policies of such other websites for information concerning what information is collected on such websites and how it is used. Gaw USA is not responsible for the contents or privacy practices of any linked site or any link on a linked site.

Governing Law. Disputes concerning this Privacy Policy are governed by the Disputes and Governing Law provision contained in the Terms of Use. Please click here to review the terms relating to Disputes and Governing Law for the Website at https://www.gawcapitalusa.com.

Contact Us. If you have any questions or complaints concerning this Privacy Policy or our handling of your Personal Data you may contact us by email at [email protected]. Should you wish to take any complaints further you may have the right to contact a relevant data regulator or data protection authority.

Updated August 2023