Terms & Privacy

Last Modified: October 14, 2022

Our Commitment To Privacy

Your privacy is important to Butterfly Equity, LP and our affiliates (together, “Butterfly”, “our”, “us”, “we” or “company”). This Website Privacy Policy will inform you as to how we look after your personal data, how and why we collect it and tell you about your privacy rights and how the law protects you. Please read this Website Privacy Policy carefully.

Note that this Website Privacy Policy does not apply to any processing of personal data by or on behalf of Butterfly that is covered by a more specific privacy notice.

We do not collect any special categories of personal information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

You do not need to take any action as a result of this Website Privacy Policy, but you do have certain rights as described below in the section headed “Your rights”. If you are a resident of California, you should also refer to the section headed “Notice to California consumers of certain rights under the CCPA”, for a description of additional rights specific to California residents.

Controller

For the purposes of applicable UK and EU data protection laws, including the General Data Protection Regulation (EU) 2016/679 (the “EU GDPR”), the UK equivalent of the EU GDPR (the “UK GDPR”) and the Data Protection Act 2018 (collectively, “the EU and UK Privacy Laws”), Butterfly Equity, LP will be a controller of your personal data. If you have any questions regarding our use of your personal data, or this Website Privacy Policy, please contact compliance@bfly.com.

The Personal Data We Process And How We Collect It

We collect personal data about you:

on or through www.bfly.com;
when you opt to receive communications from Butterfly;
about representatives of our vendors, business partners, advisors or portfolio companies;
when you decide to interact with us (e.g., via the “Contact” section of the website, when you communicate with us over email or the telephone, when you apply for a job with us, etc.) including your name, company, and email address;
through automated technology when you access and use our website, such as cookies and similar technology - please see the “Cookies” section below for information about how we use such technologies; and/or
through other data collection points where we refer to this Website Privacy Policy.

We collect certain types of personal data about you depending on the nature of your
interaction with us. Such data may include identity data, contact data, technical data, profile data (e.g. username and password). Please see below for a more extensive list of the types of personal data we may collect:

Why We Use Your Personal Data

To the extent that you provide us with any personal data, or we otherwise collect your personal data (i.e., through or in connection with this website, our current and future portfolio companies and other data collection points) we may use your personal data for the following purposes (which shall be considered “business purposes” for purposes of the CCPA):

Purpose	Legal Basis
To conduct business with you or to provide you with the services you have requested	Contractual necessity; and/or our legitimate interest in operating our business and providing investment services
To support and communicate with you	Our legitimate interest in operating our business and providing investment services
To keep a record of your relationship with us	Our legitimate interest in operating our business and providing investment services; and/or legal requirement
To protect against, identify and prevent, fraud, money-laundering, cyber attacks, theft of our property and other unlawful activity	Legal requirement; and/or our legitimate interest in operating our business and providing investment services securely
To conduct conflicts checks	Legal requirement
To conduct due diligence activities in connection with an actual or prospective corporate transaction or investment which are evaluated by Butterfly or which we are party to	Our legitimate interest in operating our business and providing our investment services; contractual necessity; and/or legal requirement
Corporate transaction and investment reporting	Legitimate interest and/or legal requirement
Litigation management and conducting internal audits and investigations	Legal requirement; and/or our legitimate interest in operating our business
To obtain advice from our professional advisors, including lawyers and accountants	Our legitimate interest in operating our business
To administer, support, develop, and protect our business and this website	Our legitimate interest in operating our business
For statistical analysis and market research	Our legitimate interest in operating our business
To comply with applicable laws, rules, and regulations, including responding to law enforcement requests and as required by applicable law, court order, or governmental regulations	Our legitimate interest in legally operating our business
For any other purpose that has been notified, or has been agreed, in writing	Consent

Note that we may process your personal data on more than one legal basis depending on the specific purpose for which we are using your personal data.

Marketing Communications

We will only send you marketing newsletters, updates, alerts and similar marketing or promotional communications (i.e., email, physical mail, investor portal or telephone) where you have requested information from us relating to our business or services which you might be interested in, including by populating the form in the “Contact” section of the website. You may request that we stop sending you marketing communications by emailing investors@bfly.com at any time.

Disclosure and Transfer of Personal Information

Unfortunately, the transmission of information and data via the Internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of any information or data transmitted to or through our website; any transmission of information or data by you to or through this website is at your sole risk.

Your personal data will be shared with and processed by our affiliates and certain service providers as necessary to fulfil the purposes set out in this policy. We use a number of service providers that provide a wide range of services including legal professional advisors, tax advisors, our auditors, compliance consultants, and fund administrators. We make sure anyone who provides a service to, or for us, enters into an agreement with us and meets our standards for data security. To the extent your personal data is transferred to countries outside of the UK or the European Economic Area, such transfers will only be made in accordance with the EU and UK Privacy Laws. For further information about the safeguards used, please contact compliance@bfly.com.

We reserve the right to disclose your personal data as required by law, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator, national security, for the purposes of public importance or any other legal or investigatory process involving us. Should we, or any of our affiliated entities, be the subject of a takeover, divestment or acquisition we may disclose your personal data to the new owner of the relevant business and their advisors.

Security and Retention of Personal Data

We are committed to protecting the personal data you entrust to us. We adopt robust and appropriate data security technologies, measures and policies, so the information we have about you is protected to the extent possible from unauthorized access and disclosure, improper use and accidental loss. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know and who need to know that personal data. They will only process your personal data on our instructions and they are subject to a duty of confidentiality and required to keep your personal data secure.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. We will keep your personal data only for as long as is reasonably necessary for the purposes set out in this Website Privacy Policy, unless a longer retention period is required by law. We will not keep more personal data than we need for those purposes. For further information about how long we will keep your personal data, please contact compliance@bfly.com.

Capacity

This website is only intended for individuals who are at least 18 years of age. We do not knowingly encourage or solicit visitors to this website who are under the age of 18 or knowingly collect personal data from anyone under the age of 18 without parental consent. If we learn we have collected or received personal data from an individual under the age of 18, we will delete that information.

Cookies

Information regarding how you access this site (e.g., browser type, access times) and your hardware and software is automatically collected through the use of cookies (a small text file placed on your hard drive) or other technologies or tools. This information is used to improve website performance and for our business purposes. Where cookies are not necessary for us to provide the products or services you have requested or for the functioning of this site, we will ask you to consent to their use. You may opt-in to accept cookies automatically by changing the settings on your browser. If you opt-out of certain cookies, you may not be able to access certain parts of this site.

Some internet browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference (the “DNT Signal”) to web sites you visit indicating that you do not wish to be track. At this time, we do not currently respond to DNT Signals.

On the website we use the cookies listed here: https://www.bfly.com/cookies/

You may refuse to accept cookies by altering the settings on your internet browser. For more information about how to do this, look at your browser 'help' section or visit www.allaboutcookies.org and www.youronlinechoices.eu. You can also opt out of using Google Analytics cookies here http://tools.google.com/dlpage/gaoptout. Please note that if you adjust your internet browser settings to refuse the setting of cookies, you may not be able to access or use fully certain parts or functionality of the website.

Your Rights

You have the right to access the personal data we hold about you, and there are a number of ways you can control the way in which and what personal data we store and process about you. To exercise these rights and controls, please contact compliance@bfly.com or 1-800-421-4780.

Access: You have the right to ask for a copy of the personal data that we hold and process about you free of charge, however we may charge a ‘reasonable fee’, if we think that your request is excessive, to help us cover the costs of locating the information you have requested.
Correction: You have a right to request that we correct your personal data if the information we hold and process about you is inaccurate or it needs to be updated.
Deletion: If you think that we should not be holding or processing your personal data any more, you may request that we delete it. Please note that this may not always be possible due to legal obligations.
Restrictions on use: You may request that we stop processing your personal data (other than storing it), if: (i) you contest the accuracy of it (until the accuracy is verified); (ii) you believe the processing is against the law; (iii) you believe that we no longer need your personal data for the purposes for which it was collected, but you still need your personal data to establish or defend a legal claim; or (iv) you object to the processing, and we are verifying whether our legitimate grounds to process your personal data, override your own rights.
Object: You have the right to object to processing, including: (i) for direct marketing; (ii) for research or statistical purposes; or (iii) where processing is based on legitimate interests.
Portability: If you wish to transfer the personal data that we hold and process about you on the legal ground of contractual necessity to another organisation (and certain conditions are satisfied), you may ask us to do so, and we will send it directly if we have the technical means.
Withdrawal of consent: If you previously gave us your consent (by a clear affirmative action) to allow us to process your personal data for a particular purpose not specified in this Website Privacy Policy, but you no longer wish to consent to us doing so, you can contact us to let us know that you withdraw that consent.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Notice to California Consumers of Certain Rights Under the CCPA

This section outlines specific rights granted under the California Consumer Privacy Act (the “CCPA”) to individual California residents and provides information regarding how such California residents can exercise their rights under the CCPA. This section is only relevant to you if you are a resident of California as determined in accordance with the CCPA. Information required to be disclosed to California residents under the CCPA regarding the collection of their Personal Data that is not set forth in this section is otherwise set forth in this Website Privacy Policy. For the avoidance of doubt, for purposes of this Website Privacy Policy, references to personal data are deemed to include references to “personal information” and “sensitive personal information” as defined under the CCPA. To the extent there is any conflict between the language in this Website Privacy Policy and the privacy rights and requirements under the Gramm-Leach-Bliley Act and/or Regulation S-P (“GLB Rights”), the GLB Rights shall apply.

We do not sell or share (as such terms are defined in the CCPA) any of the personal data we collect about you with third parties. We have not in the last 12 months, sold or shared any personal data collected with third parties.

We do not collect or use sensitive personal information other than to perform the services, or provide any goods, as would reasonably be expected by an average consumer who requests those goods or services.

Deletion Rights: You have the right to request that we delete any of your personal data that we retain, subject to certain statutory exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations. We will notify you in writing and provide an explanation if we cannot comply with a specific request.
Disclosure and Access Rights: You have the right to request that we disclose to you certain information regarding our collection and use of personal data specific to you over the last twelve (12) months. Such information includes:
- the categories of personal data we collected about you;
- the categories of sources from which the personal data was collected;
- our business or commercial purpose for collecting the personal data;
- the categories of third parties with whom we share the personal data;
- the specific pieces of personal data we collected about you; and
- whether we disclosed your personal data to a third party, and, if so, the categories of personal data that each recipient obtained.
Limitation on Use of Sensitive Personal Information: You have the right to request that we limit our use and disclosure of, and refrain from selling or sharing, your sensitive personal information, subject to certain exceptions, and we will refrain from doing so upon receipt of a valid and verifiable request from you requesting the same.
No Discrimination: We will not discriminate against you for exercising your rights under the CCPA, including by denying service, suggesting that you will receive, or charging, different rates for services or suggesting that you will receive, or providing, a different level or quality of service to you.
How to Exercise Your CCPA Rights: To exercise any of your rights under the CCPA or to access this notice in an alternative format, please submit a request on your behalf using any of the methods set forth in section of this Website Privacy Policy below headed “Contact us”.

Notification of Changes

We reserve the right to amend this Website Privacy Policy from time to time by updating this Website Privacy Policy. If we decide to change our Website Privacy Policy, we will post those changes so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to collect personal data or use any collected personal data in a manner different from that stated at the time it was collected, we will notify applicable users. We will use information only in accordance with the Website Privacy Policy under which the personal information was collected.

Contact Us

If you have any questions or concerns about this Website Privacy Policy or to exercise any of your rights hereunder, please contact compliance@bfly.com or 1-800-421-4780.

Complaints

Should you wish to lodge a complaint with regards to how your personal data has been processed by us under:

the UK GDPR and/or Data Protection Act 2018, please contact the UK Information Commissioner’s Office – https://ico.org.uk/global/contact-us; or
the EU GDPR, please contact your local supervisory authority in particular in the EU Member State of your habitual residence, place of work, or place of the infringement, concern or complaint.