Blue Lion :: Privacy Policy

BLUE LION CAPITAL WEB SITE

Privacy Policy

Last Updated: September 2005

This website (the “Blue Lion Site”) is provided by Roaring Blue Lion Capital Management, L.P. (“Blue Lion”). Your use of the Blue Lion Site is governed by the Terms of Use, and by your use of the Blue Lion Site, you acknowledge and accept this privacy policy (the “Policy”).

1. What Personal Information We Collect

The personal information we collect about you comes primarily from the account applications or other forms and materials you submit to Blue Lion during the course of your relationship with us. We may also collect information about your transactions and experiences with Blue Lion relating to the information and services Blue Lion provides. In addition, depending on the information or services you require, Blue Lion may obtain additional data about you, such as your credit history, from consumer reporting agencies.

We receive and store any information you enter on the Blue Lion Site or give us in any other way (your “Personal Information”). If you deal with Blue Lion in your individual capacity (e.g, as a private client), or as a settlor/trustee/beneficiary of a trust, or as an owner or principal of a company or other investment vehicle established to invest on your behalf of your family, etc., the typical information we collect about you would include, but is not limited to:

Your name, address and other contact details;
Your tax identification number or other personal identification number; and
Other personal information that you may provide on investor questionnaires, account applications, subscription materials and related documents.

We will also collect your IP address when you access the Blue Lion Site.

If you are an employee/officer/director/principal, etc. of one of our corporate or institutional clients, the typical information we collect about you personally would include:

Your name and contact details;
Your role/position/title and area of responsibility; and
Certain identifying information as required by laws and regulations addressing money laundering and related matters.

Of course, you are not required to supply any of the Personal Information that we may request. However, failure to do so may result in our being unable to open or maintain your account or to provide services to you. While we make every effort to ensure that all information we hold about you is accurate, complete and up to date, you can help us considerably in this regard by promptly notifying us if there are any changes to your Personal Information.

Finally, federal law requires us to retain certain records for mandated periods of time, which will last in excess of your relationship with Blue Lion. The information required to be retained includes certain communications between you and Blue Lion, including letters and e-mails. As a result, you should be aware that Blue Lion will retain and store certain of your communications with us for periods of time specified by federal law. In these circumstances, the information retained is not accessed on a continuous or routine basis, but it may be used for compliance or other such purposes as required by law.

2. How We Use Your Personal Information

We may use your Personal Information to:

Administer, operate, facilitate and manage your relationship and/or account with Blue Lion. This may include sharing such information internally as well as disclosing it to third parties (for example, The Citco Group, Ltd. and its affiliates), as described in the following two sections, respectively;
Contact you or, if applicable, your designated representative(s) by post, telephone, electronic mail, facsimile, etc., in connection with your relationship and/or account;
Provide you with information, recommendations or advice concerning products and services offered by Blue Lion; and
Facilitate our internal business operations, including assessing and managing risk and fulfilling our legal and regulatory requirements.

If your relationship with Blue Lion ends, Blue Lion will continue to treat your Personal Information, to the extent we retain it, as described in this Policy.

3. When We Disclose Your Personal Information

Disclosures of Your Personal Information Within Blue Lion

In order to provide efficient and reliable services, and to improve product and service options available to you, more than one entity within Blue Lion may be given, or given access to, your Personal Information. For example, one Blue Lion entity might share your information with another in order to facilitate settlement of your transactions or the maintenance of your accounts or as part of its arranging for the performance of specialized services such as asset management, and advisory and trust services. When so sharing your Personal Information we adhere to applicable legal and industry standards regarding the protection of Personal Information.

Disclosures of Your Personal Information to Third Parties

Blue Lion does not disclose your Personal Information to third parties, except as described in this Policy. Third party disclosures may include sharing such information with non-affiliated companies that perform support services for your account or facilitate your transactions with Blue Lion, including those that provide professional, legal, or accounting advice to Blue Lion. Non-affiliated companies that assist Blue Lion in providing services to you are required to maintain the confidentiality of such information to the extent they receive it, and to use your Personal Information only in the course of providing such services and only for the purposes that Blue Lion dictates.

We may also disclose your Personal Information to fulfill your instructions, to protect our rights and interests and those of our business partners, or pursuant to your express consent. Finally, under limited circumstances, your Personal Information may be disclosed to third parties as permitted by, or to comply with, applicable laws and regulations, for instance, when responding to a subpoena or similar legal process, to protect against fraud, and to otherwise cooperate with law enforcement or regulatory authorities, or with organizations such as exchanges and clearinghouses.

Except as explicitly stated in this Policy, we will not disclose to unaffiliated third parties any of your Personal Information without first obtaining your consent. You should know that Blue Lion will not sell your Personal Information. We do and will continue to disclose your Personal Information to unaffiliated third parties in the following circumstances:

(a) if required by law, regulatory or court order, or legal process;

(b) in connection with a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation of Blue Lion, L.P.;

(c) to provide you with certain services on the Blue Lion Site that are provided by such parties, as reasonably required to provide such services; and

(d) in the context of working with third-party contractors engaged by us in the provision of the Blue Lion Site or related matters.

After we disclose your Personal Information to unaffiliated third parties in such instances, we can no longer control the use or further disclosure of your Personal Information. Consequently, we will not be responsible to you for such use or further disclosure.

4. Correcting Your Information

You can ensure that your account information is correct and current by reviewing and updating it at any time. You may do so as often as necessary by sending an e-mail to info@bluelioncap.com, and we will assist you in updating your information.

5. Security

We take precautions involving physical, electronic, and managerial controls to protect from loss, misuse, unauthorized access or disclosure, and alteration any of your Personal Information in our possession. We may employ industry-standard Secure Sockets Layer encryption when requesting certain financial Personal Information from you. We also maintain physical, electronic, and procedural safeguards to protect the information against loss, misuse, damage or modification and unauthorized access or disclosure. Some of the other central features of our information security program are:

A group that designs, implements, and provides oversight to our information security program;
The use of specialized technology such as firewalls;
Testing of the security and operability of products and services before they are introduced to the Internet, as well as on-going scanning for publicly-known vulnerabilities in the technology;
Internal and external reviews of our Internet sites and services;
Monitoring of our systems infrastructure to detect weaknesses and potential intrusions;
Implementing controls to identify, authenticate and authorize access to various systems or sites;
Protecting non-public communications through encryption or other means; and
Providing Blue Lion personnel with relevant training and continually updating our security practices in light of new risks and developments in technology.

6. Privacy and The Internet

The following additional information will be of interest to you if you access Blue Lion products or services through the Blue Lion Site:

Users of the Blue Lion Site are required to identify and authenticate themselves prior to accessing our services. Generally, identification and authentication take place through the use of your user name and a password or Personal Identification Number ("PIN").
The Blue Lion Site is built upon a secure infrastructure with multiple layers of protection, including measures ranging from proper physical security of our machines to system intrusion detection capabilities. Within such private sites, Blue Lion uses industry standard encryption technologies to protect your information from external compromise.
Security is a cooperative effort between Blue Lion and the users of the Blue Lion Site. Please remember that your password and/or PIN is personal to you and should not be made available to any other person. Also, you should discontinue their use and notify us if you have any reason to suspect that someone else may be using them.
“Cookies” are small text files consisting of information stored by your Web browser. This information is used for administrative purposes and to improve your experience with the Blue Lion Site. For example, this information helps authenticate you (i.e., verify that you are who you say you are), an essential component of site security. Cookies also make it easier for you to navigate the Blue Lion Site by, among other things, “remembering” your identity so that you do not have to input your password multiple times as you move between pages or services. You can set your Web browser to inform you when cookies are set, or to prevent cookies from being set. However, if you decline to use cookies, you may experience reduced functionality, and declining to use authentication related cookies will prevent you from using the Web site altogether.
“Clickstream” or similar data (e.g., information regarding which of our Web pages you access, the frequency of such access, and your product and service preferences) may be collected and shared internally within Blue Lion in order to assess the usage, value and performance of our online products and services and, if you are a Blue Lion client, to suggest products or service offerings that may be of interest to you.

7. Links to Other Sites

You should be aware that this Policy applies only to the Blue Lion Site. Importantly, it does not apply to any other web or other sites to which a link may be provided as part of the Blue Lion Site. We cannot control and are not responsible for the actions of third parties operating such sites. You should not take the existence of an affiliation with, or a link from, the Blue Lion Site to any such other site to mean that it has a Policy similar to this one. You should review the Policy of any such site.

8. Changes to This Policy

As our business is a very dynamic one, we need to be able to make revisions to this Policy. Consequently, we reserve the right to change this Policy at any time. You should check this location for any updates and other changes.