Effective date: September 11, 2026. Version 2.0. This policy replaces in its entirety the previous privacy policy dated 2017. The English version is the operative version; any translation is provided for convenience and, in the event of any discrepancy, the English text controls.
1. Who is responsible
The controller of personal information collected through arcsacapital.com is ARCSA Capital Management LLC, a Florida limited liability company, 1200 Brickell Avenue, Suite 1950, Miami, Florida 33131, United States. Privacy enquiries: erick.calderon@arcsacapital.com.
ARCSA CAPITAL, S.A.P.I. de C.V. (Mexico) is an affiliate within the same group. It is not the controller of this Site. Where it receives personal information of residents of Mexico in connection with an enquiry, it processes that information as a separate controller under the Ley Federal de Protección de Datos Personales en Posesión de los Particulares and under its own privacy notice.
2. Scope
This policy covers information collected through the Site, its forms, its scenario simulator, its automated assistants and our related communications. It does not cover the processing described in the offering documents once you become an investor, which is governed by those documents and by our investor privacy notice.
3. Information we collect
- Information you provide: name, email address, telephone number, country of tax residence, professional role, the vehicle you are interested in, the amount and horizon you enter in the simulator, and the content of your messages.
- Eligibility and verification information: your responses to the accredited investor self-assessment and, if you proceed, the documentation required to verify that status. Depending on the route you choose, this may include a written confirmation from your accountant, attorney, investment adviser or broker-dealer, or financial documentation such as tax forms, bank or brokerage statements, appraisals or credit reports. See section 5, which governs this category specifically.
- Identity and compliance information: the data required for know-your-customer, anti-money-laundering, sanctions screening and source-of-funds checks.
- Technical information: IP address, device and browser data, pages viewed, referring source, and interactions recorded by our analytics tools.
- Automated assistant transcripts: the content of conversations with any assistant on the Site, retained as a record of what was communicated.
4. How we use it
- To respond to your enquiry and to communicate with you about the strategy and the offering.
- To determine and verify eligibility, and to keep evidence of that verification as required by Rule 506(c).
- To comply with legal and regulatory obligations, including anti-money-laundering, sanctions and tax reporting requirements.
- To operate, secure and improve the Site, and to measure the effectiveness of our communications.
- To establish, exercise or defend legal claims.
We do not sell personal information, and we do not share it with third parties for their own marketing purposes.
5. Accreditation verification documentation — specific commitments
This is the most sensitive category of information we handle, and it is collected because the rule requires it, not because we want it. Accordingly:
- Minimisation. Wherever possible we prefer the third-party confirmation route, in which a letter from your own professional is sufficient and we never receive your financial statements.
- Access. Verification files are accessible only to the personnel responsible for investor onboarding and compliance, and to our external counsel and administrator where necessary.
- Purpose limitation. They are used solely to establish eligibility and to evidence compliance. They are never used for marketing, profiling or any commercial purpose.
- Retention. They are retained for five years following the end of the relationship, or longer where a law, a regulatory requirement or a pending claim requires it, and are then securely destroyed.
- Storage. They are held encrypted at rest and in transit, separately from marketing systems.
6. Legal bases
Where the GDPR or a comparable regime applies, we rely on: performance of, or steps prior to, a contract; compliance with legal obligations; our legitimate interests in operating and securing the Site and in communicating with prospective investors; and consent, where required, for marketing and for non-essential cookies. Consent may be withdrawn at any time without affecting prior processing.
7. Sharing
We may disclose personal information to: our fund administrator, external auditor and legal counsel; identity, sanctions and accreditation verification providers; hosting, email, analytics and CRM providers acting on our instructions; banks and payment institutions where relevant; and regulators, courts or authorities where legally required. Each processor is bound by contract to confidentiality and to use the data only for the service provided.
8. International transfers
Information is processed in the United States, and may be processed in other countries where we or our providers operate, which may not offer the same level of protection as your own jurisdiction. Where required, transfers are made under appropriate safeguards, including standard contractual clauses. You may request the current list of processors and the countries in which they operate by writing to the address in section 16.
9. Retention
We retain personal information only as long as necessary for the purposes described, or as required by law. Marketing contact data is retained until you unsubscribe or after twenty-four months of inactivity, whichever occurs first. Verification and anti-money-laundering records are retained as described in section 5 and as required by applicable law. Transcripts of assistant conversations are retained for twenty-four months.
10. Security
We apply administrative, technical and physical safeguards appropriate to the sensitivity of the information, including encryption in transit and at rest, access controls on a need-to-know basis, and logging. No system is completely secure, and we cannot guarantee absolute security. In the event of a security incident affecting personal information, we will notify affected individuals and the competent authorities within the periods required by applicable law, including the Florida Information Protection Act.
11. Your rights
Subject to the law applicable to you, you may request access to your personal information, correction, deletion, restriction or objection to processing, portability, and withdrawal of consent. Residents of certain U.S. states and of jurisdictions applying the GDPR or the LFPDPPP have additional rights, including, where applicable, the right to opt out of certain processing and to lodge a complaint with a supervisory authority. To exercise any right, write to erick.calderon@arcsacapital.com. We will respond within the period required by the applicable law.
Please note that we may be unable to delete information we are legally required to retain, including verification and anti-money-laundering records.
12. Cookies and analytics
The Site uses cookies and similar technologies that are strictly necessary for its operation — including session, security, caching and contact-form cookies set by WordPress and by our caching layer — and, subject to consent where required, analytics technologies. The analytics currently deployed are Google Tag Manager and Google Analytics 4, which collect the technical information described in section 3 in order to measure how the Site is used. You can manage cookies through your browser and, where a consent banner is presented, through your choices there. If we add a session-recording or heatmap tool, this section will be updated before it is enabled.
13. Marketing and telephone contact
Where you provide a telephone number, the consent language shown at the point of collection governs how we may contact you, including by call, text message and automated or AI-assisted calls. You may withdraw that consent at any time by replying to any message or by writing to erick.calderon@arcsacapital.com. Every marketing email includes an unsubscribe link.
14. Children
The Site is not directed to persons under 18 and we do not knowingly collect their information. If you believe a minor has provided us information, contact us and we will delete it.
15. Changes
We may update this policy. The version in force is the one published here, with its effective date; material changes will be notified by updating that date and, where required, by direct notice.
16. Contact
ARCSA Capital Management LLC — 1200 Brickell Avenue, Suite 1950, Miami, Florida 33131, United States. Privacy enquiries: erick.calderon@arcsacapital.com.
