PRIVACY POLICY AND LEGAL TERMS OF USE

THIS AGREEMENT GOVERNS YOUR USE OF THIS SITE AND ALL CONTENT AND SERVICES AVAILABLE VIA THIS SITE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE.

NOTWITHSTANDING THE FOREGOING, THIS DOCUMENT ALSO CONTAINS THE CCM’S PRIVACY POLICY, SPECIFICALLY AS IT RELATES TO OBLIGATIONS UNDER THE GDPR.

SOME OF THE PROVISIONS HEREIN RELATE SOLELY TO REQUIREMENTS UNDER THE EU/EEA’S GENERAL DATA PRIVACY REGULATIONS (“GDPR”), AND, DEPENDING UPON COUNTRY OF RESIDENCE, CITIZENSHIP OR YOUR LOCATION WHEN ACCESSING THIS SITE, MAY OR MAY NOT BE RELEVANT TO YOU. IF YOU HAVE QUESTIONS CONCERNING THE APPLICABILITY OF THE GDPR PLEASE SEE THE CONTACT INFORMATION BELOW. FURTHERMORE, THE PROVISIONS CONTAINED HEREIN DO NOT ATTEMPT TO INCORPORATE, WITHOUT LIMITATION, OTHER RELEVANT LAWS, POLICIES, CONTRACTUAL RELATIONSHIPS AND OTHER EXTERNALITIES THAT MAY HAVE IMPACT ON PERSONAL DATA PROCESSING AND RETENTION.

Acceptance of Terms of Use

These Terms of Use (“Agreement”) state the terms and conditions under which you may use the website located at www.cerberuscapital.com and all Content and Services (as defined below) available therein (the “Site”). Please read this Agreement carefully. This Site contains various information in the form of data, text, graphics, news, reports and other materials relating to Cerberus Capital Management, L.P. (“CCM” or “We”) as well as third party content, (collectively, the “Content”). Subject to the limitations of the GDPR, by accessing, browsing and/or using this Site and any services that may be made available through the Site (the “Services”) you acknowledge that you have read, understood and agree to be legally bound by this Agreement. We reserve the right to amend this Agreement at any time and from time to time. If you use the Site after the amended Agreement has been posted, you will be deemed to have agreed to the amended Agreement.

Use Restrictions

You are expressly prohibited from (i) using any robot, spider, other automatic device, or manual process to monitor, “mine” or copy the web pages on the Site, (ii) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site, and (iii) taking any action that imposes an unreasonable or disproportionately large load on CCM’s infrastructure.

Sign-In Name and Password Policy

Certain areas of the Site may require you to register prior to being granted access. During the registration process, we will assign to you a unique sign-in name (“Sign-In Name”) and a password (“Password”). Each Sign-In Name and Password can be used by only one user. You are solely responsible for the confidentiality and use of your Sign-In Name and Password, as well as for any use, misuse or communications entered through the Site using your Sign-In Name and Password. You should notify the CCM Data Protection Officer (contact information below) immediately if you become aware of any loss, theft or unauthorized use of your Sign-In Name or Password. CCM reserves the right to delete or change one or both of them at any time and for any reason.

Intellectual Property Rights in the Site

You acknowledge that the Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of CCM or its licensors. You shall comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.

Trademarks

“Cerberus Capital Management, L.P.” and all other trademarks, logos and services marks displayed on the Site are trademarks belonging to CCM, its affiliated entities, or its licensors (collectively the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site, without CCM’s prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to benefit of CCM, its affiliated entities, or its licensors, as the case may be.

Linking and Framing

CCM prohibits the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by CCM in writing. You may not frame any elements of the Site with any other website. The Site may periodically provide links to third party websites. These Terms of Use govern only the Site and not any such third party websites. CCM’s decision to link to a third party website is not an endorsement of the content or services in that linked third party website. If you decide to access linked third party websites, you do so at your own risk. You should direct any concerns regarding any third party websites to the administrator of the applicable third party website.

Copyright Complaints

If you believe the Site contains Content that infringes your copyright, please see CCM’s Copyright Infringement Notification Procedures.

Unsolicited Information

Subject to the terms of the GDPR, by submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to CCM through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information to CCM through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. CCM, or any of its affiliated entities, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, CCM and its affiliated entities are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information to the Site, you are granting CCM and its affiliated entities a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information. Please note, notwithstanding the foregoing, you are strongly discouraged from submitting any unsolicited information to the Site or directly to CCM or its affiliates, particularly personal information of any sort.

No Responsibility for Connectivity

You are responsible for the means you use to access the Site and all costs associated therewith. CCM is not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.

Disclaimer of Warranty

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CCM DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. CCM DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU. CCM DOES NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

No Offers or Reliance

No material available through the Site shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of any of CCM’s affiliated entities. Offers can only be made where lawful under, and in compliance with, applicable law. CCM is not utilizing the Site to provide investment or other advice, and no information or material available through the Site is to be relied upon for the purpose of making or communicating investment or other decisions. CCM does not advise on the tax consequences of any investment. To the extent that past performance is available through the Site, past performance is not indicative of future results, and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL CCM, OR ANY OF ITS AFFILIATED ENTITIES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “CCM PARTIES”), BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE AND THE INFORMATION OBTAINED THROUGH THE SITE. IN NO EVENT SHALL ANY OF THE CCM PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS OF USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

Indemnification

You shall indemnify and hold harmless the CCM Parties for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site, or any violation of this Agreement.

Data Privacy Notice and Use of Personally Identifiable Information (GDPR)

Registration on the Site and/or Your use of the Site, may involve the transmission of your personally identifiable information (“Personal Data”) to CCM. CCM’s policies with respect to the collection and use of Personal Data, if subject to the GDPR are described in detail below. In the event that the Personal Data is not subject to the GDPR, it may be subject to different terms found in CCM’s Privacy Policy and/or, if appropriate, certain partnership subscription documents, which are hereby incorporated by reference in their entirety.

This Data Protection Notice explains how CCM uses your personal data and which rights and options you have in this respect. It applies to Personal Data that you provide to CCM or which is derived from such data. We do not collect and use “Cookies” or other web-tracking or analytics technologies on this site. Accordingly, we do not have a formal “Cookie Policy”. As discussed above, please note that where this notice explains applicable law and your rights, this applies only to personal data which is processed under the EU General Data Protection Regulation. Where the processing of your personal data is not subject to this regulation, different rules will apply under your applicable law.

Who Is Responsible For Your Personal Data? (GDPR)

CCM will be the responsible controller for any personal data you provide to us in connection with our business relationship.

Which Categories of Personal Data Do We Collect? (GDPR)

CCM may collect and process in particular the following categories of personal data. Please note that we do not necessarily collect any or all of this information through this Site. Rather, this is a list of the categories of personal data which we may collect in the ordinary course of our business:

  • Contact information, such as full name, work address, work telephone number, work mobile phone number, work fax number and work email address, mobile device unique identifier and the IP address of your computer if you use our websites;
  • In the case of subscription documents, we will also need to collect home addresses, phone numbers, social security numbers or similar identification information need for KYC, AML and in order to provide financial services;
  • Further business information necessarily processed in a business or other contractual relationship with CCM or voluntarily provided by you, such as subscription materials for investment services and other business activities, product feedback and any other information you may provide to us;
  • Information collected from publicly available resources, integrity data bases and credit agencies; and
  • If legally required for compliance purposes: information about relevant and significant litigation or other legal proceedings against you or a third party related to you and interaction with you which may be relevant for antitrust purposes.
  • Special categories of Personal Data. In connection with the registration for and provision of access to an event or seminar, we may ask for information about your health for the purpose of identifying and being considerate of any disabilities or special dietary requirements you may have. Any use of such information is based on your consent. If you do not provide any such information about disabilities or special dietary requirements, we will not be able to take any respective precautions.

For Which Purposes Do We Use Your Personal Data? (GDPR)

If your Personal Data is subject to the GDPR, CCM will process your personal data for the following purposes (“Permitted Purposes”):

  • Planning, performing, managing and administering your (or a third party’s to whom you are related) investment in a CCM fund or account or other contractual business relationship with CCM, e.g., by performing transactions and orders of products or services, processing payments, performing accounting, auditing, billing and collection activities and providing support services or providing you with other services or things you may have requested;
  • Maintaining and protecting the security of our products, services and websites or other systems, preventing and detecting security threats, fraud or other criminal or malicious activities;
  • Ensuring compliance with legal obligations (such as record keeping obligations), compliance screening or recording obligations (e.g., under antitrust and anticorruption laws, export laws, trade sanction and embargo laws or to prevent white-collar or money laundering crimes), which may include automated checks of your contact data or other information you provide about your identity against applicable sanctioned-party lists and contacting you to confirm your identity in case of a potential match or recording interaction with you which may be relevant for antitrust purposes;
  • Informing you, where permitted in accordance with local laws, within an existing business relationship about CCM’s products or services which are similar or relate to such products and services which have already been purchased or used within that business relationship;
  • Solving disputes, enforcing our contractual agreements and to establish, exercise or defend legal claims; or
  • Ensuring compliance with legal obligations, e.g., to keep books and records for tax purposes or to send notices and other disclosures as required by law.

Where you have expressly given us your consent, we may processes your personal data also for the following purposes:

  • Communicating with you through the channels you have approved to keep you up to date on the latest announcements, special offers and other information about CCM’s products, technologies and services (including marketing-related newsletters) as well as events and projects of CCM;
  • Administrating and performing customer surveys, marketing campaigns, market analysis, sweepstakes, contests or other promotional activities or events; or
  • As required by law, regulatory or fiduciary obligation.

Please note: Under the European General Data Protection Regulation (Article 21 (2)) you have the right to object to the use of your personal data for direct marketing purposes. Please refer to “Your data protection rights” below for further explanation of your rights and how to exercise them.

With regard to marketing-related types of communication (i.e., emails and phone calls), we will where legally required only provide you with such information after you have opted in and provide you the opportunity to opt out if you do not want to receive further marketing-related types of communication from us.

CCM will not use your personal data for making any automated algorithmic decisions affecting you or creating profiles other than described above.

The legal bases for processing of your personal data are set forth in Article 6 of the European General Data Protection Regulation. Depending on the above purposes for which we use your personal data, the processing is either necessary for the performance of a contract or other business agreement with CCM or for compliance with our legal obligations or for purposes of legitimate interests pursued by us, always provided that such interests are not overridden by your interests or fundamental rights and freedoms. In addition, the processing may be based on your consent where you have expressly given that to us.

How Do We Collect And Use Personal Data? (GDPR)

CCM will typically collect your personal data directly from you when you interact with us, e.g., when you visit our website, communicate with us in relation to our products and services, submit a subscription document for investment or register to receive our newsletter or participate in our customer surveys. If your personal data is subject to the GDPR and where you have expressly given your consent, we may also obtain your personal data from third parties for marketing, AML and KYC purposes. In such cases, you will be informed about this in accordance with applicable law

Where Do We Process Personal Data? (GDPR)

CCM is a globally active enterprise. In the course of our business activities, we may transfer your personal data to recipients in countries outside of the European Economic Area (“third countries”), in which applicable laws do not offer the same level of data protection as the laws of your home country. When doing so we will comply with applicable data protection requirements and take appropriate safeguards to ensure the security and integrity of your personal data, in particular by entering into the EU Standard Contractual Clauses. You may contact us anytime using the contact details below if you would like further information on such safeguards.

How Do We Protect Your Personal Data (GDPR)

CCM maintains physical, electronic and procedural safeguards in accordance with the technical state of the art and legal data protection requirements to protect your personal data from unauthorized access or intrusion. These safeguards include implementing specific technologies and procedures designed to protect your privacy, such as secure servers, firewalls and SSL encryption. CCM will at all times strictly comply with applicable laws and regulations regarding the confidentiality and security of personal data.

With Whom Do We Share Your Personal Data? (GDPR)

CCM may share your personal data as follows:

  • With our affiliates within CCM worldwide if and to the extent required for the Permitted Purposes and legally permitted. In such cases, these entities will then use the Personal Data for the same purposes and under the same conditions as outlined in this Data Privacy Notice.
  • CCM may also instruct service providers (so called data processors) within or outside of CCM, domestically or abroad, e.g., fund account managers, other financial service providers, shared service centers, to process personal data for the Permitted Purposes on our behalf and in accordance with our instructions only. CCM will retain control over and will remain fully responsible for your personal data and will use appropriate safeguards as required by applicable law to ensure the integrity and security of your personal data when engaging such service providers.
  • With courts, law enforcement authorities, regulators or attorneys if legally permitted and necessary to comply with a legal obligation or for the establishment, exercise or defense of legal claims.
  • With credit reference agencies and other companies for use in fraud prevention, anti-money laundering and KYC requirements and similar requirements, such as debt collection.

Otherwise, we will only disclose your personal data when you direct or give us permission, when we are required by applicable law or regulations or judicial or official request to do so, or when we suspect fraudulent or criminal activities.

How Long Do We Store Personal Data? (GDPR)

CCM will hold your personal data as long as required by applicable law and to provide the services, products or information you have requested and to administer your business relationship with us. If you have asked us not to communicate with you, we will hold this information as long as required by applicable law and as necessary to comply with your request. CCM is required to keep certain of your personal data (e.g., relating to business transactions) for certain retention periods under applicable law. If your personal data is subject to the GDPR, it will be promptly deleted when it is no longer required for these purposes.

Your Rights (GDPR)

Under the GDPR, subject to certain legal conditions, you may request access to, rectification, erasure or restriction of processing of your personal data. You may also object to processing or request data portability. In particular you have the right to request a copy of the personal data that we hold about you. If you make this request repeatedly, we may make an adequate charge for this. Please refer to Articles 15-22 of the EU General Data Protection Regulation for details on your data protection rights. As we want to make sure that your personal data is accurate and up to date you may also ask us to correct or remove any information which you think is inaccurate.

If you have given us your consent for the processing of your personal data you withdraw the consent at any time with future effect, i.e., the withdrawal of the consent does not affect the lawfulness of processing based on the consent before its withdrawal. In case consent is withdrawn, we may only further process the personal data where there is another legal ground for the processing.

For any of the above requests, please send a description of your personal data concerned stating your name, account information, and if applicable, your date of birth as proof of identity to the contact details below. CCM may require additional proof of identity to protect your personal data against unauthorized access. CCM will carefully consider your request and may discuss with you how it can best be fulfilled.

If you have any concerns about how your personal data is handled by us or wish to raise a complaint on how we have handled your personal data, you can contact us at the contact details below to have the matter investigated. If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the competent data protection supervisory authority in your country. For example, if you are from the UK, you may contact the Information Commissioners Office via their website (www.ico.gov.uk).

Are You Required To Provide Personal Data? (GDPR)

As a general principle, you will provide us with your personal data entirely voluntary; there are generally no detrimental effects on you if you choose not to consent or to provide personal data. However, there are circumstances in which CCM cannot take action without certain of your personal data, for example because this personal data is required to provide with our services, to evaluate you for a position or to carry out a legally required compliance screening. In these cases, it will unfortunately not be possible for CCM to provide you with what you request without the relevant personal data.

What If I’m Under 16? (GDPR and Other)

If you are under 16, please make sure that you obtain your parent/guardian’s permission prior to providing us with any of your personal data. Persons under the age of 16 are not permitted to provide us with their personal data without such consent. Further, please understand that we provide financial services and so, if you are under 16, it is unlikely we will be able to either provide you with those services or offer you employment without your parent/guardian’s permission. CCM will not knowingly collect Personal Data from children under the age of 13 through this Site, which is not intended for this age group.

Changes to This Notice (GDPR)

This Data Privacy Notice was last updated in May 2018. From time to time, we may make change or amend it as required to reflect any changes to the way in which we use your personal data or changing legal requirements. So you may wish to check back from time to time. Any amended information Data Privacy Notice will apply from the date it is posted on our website.

How to Get In Touch With Us (GDPR)

For any questions and comments or in case you want to assert your rights, please click [here]. You can also contact us by sending an email to: dataprotectionofficer@cerberuscapital.com

Termination

Subject to the GDPR, CCM reserves the right, in its sole discretion, to restrict, suspend or terminate these Terms of Use and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. CCM reserves the right to change, suspend or discontinue all or any part of the Site at any time without prior notice or liability.

Security of the Site

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. CCM reserves the right to view, monitor and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. CCM will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.

Electronic Communications and Contracting

The Site may contain additional agreements and disclosures in electronic form. By assenting to these Terms of Use, you agree that a printed version of these Terms of Use and all other agreements entered into by you on the Site in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Miscellaneous

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. The sections of these Terms of Use entitled Disclaimers and Limitation of Liability, Indemnification and Miscellaneous shall survive the termination of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, USA, except with regard to its conflicts or choice of law rules. These Terms of Use contain the entire agreement between CCM and you concerning the Site and supersedes all existing agreements and all other oral, written or other communication between CCM and you concerning the Site. You shall comply with all laws, rules and regulations that are now or hereinafter promulgated by any government authority or agency that govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you shall comply with such restrictions and not export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by CCM.

Copyright Infringement Notification Procedures

If you believe that any Content violates yours or a third party’s copyright, please notify CCM by providing the following information to the copyright agent identified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Copyright agent

The Office of the General Counsel

Phone: 212.891.2100

Links to Other Websites

The Site may contain links or references to other websites. Please be aware that CCM does not control other websites and that, in any case, this Privacy Policy does not apply to those websites. CCM encourages you to read the privacy policy of every website you visit.

How to Contact CCM

If you have any questions, comments, or concerns about this Privacy Policy or the information practices of the Site, please contact CCM as follows:

Cerberus Capital Management, L.P.
875 Third Avenue
New York, NY 10022
Tel: (212) 891-2100

Visit CCM’s Contact Us section.