Your privacy is very important to us and we employ many safeguards to protect it. This notice (this “Privacy Notice”) is provided by Cerberus Capital Management, L.P. and its affiliates (“CCM” or “we”) and it explains how we interact with individuals, (“Data Subjects”) during our ordinary business activities, including but not limited to:
- directors, officers, employees and other representatives of portfolio companies and owners and other individuals with whom we are interacting in relation to assets in which CCM is considering making an investment or has made an investment;
- individual representatives of third party sellers, placement agents, finders, investment bankers, consultants, lawyers, accountants, advisers and other service providers, whether or not engaged by CCM;
- directors, officers, employees and other representatives of CCM;
- individuals applying for employment opportunities with us;
- individuals who are considering an investment with us or have made an investment with us, and their representative agents if relevant; and
- visitors to our website located at “Cerberus.com” and users of any third party websites linked from our site or otherwise utilized through our marketing or general communications.
This Privacy Notice describes how we collect, use, store, process, disclose and transfer information, that we may collect from Data Subjects.
Please note that CCM may provide additional privacy notices or similar disclosures in respect of certain categories of Data Subjects (e.g., certain investors or prospective investors in a fund managed or advised by CCM, certain former or existing employees associated with CCM, etc.,).
Which Categories of Personal Data Do We Collect and Process?
” Personal data” generally means any information that can be used to identify you as an individual person.
CCM may collect and process various categories of personal data during our ordinary business activities, including but not limited to:
- Contact information, such as full name, work address, work telephone number, work mobile phone number, work fax number and work email address, private contact information if relevant and provided to us, mobile device unique identifier and the IP address of your computer if you use our website;
- Family situation, such as marital status and number of children;
- Tax status, including tax ID and tax residence;
- Education and employment information, including level of education, employment, employer’s name and remuneration;
- Financial data, such as bank account details, credit card numbers, money transfers including communications on bank transfers, assets, investor profile, credit history, debts and expenses and other information needed for billing and payment processing purposes;
- Other background data, including information on criminal history or unlawful conduct, for example during CCM recruitment processes;
- In the case of subscription documents, we will also need to collect home addresses, phone numbers, social security numbers, passport numbers and passport photo pages, or similar identification information needed 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;
- Information collected from publicly available resources, integrity data bases and credit agencies;
- 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, or other legal diligence processes including reputational risk management;
- Information obtained by website, newsletter or other analytics technology, in particular your activities when you use our website, view our investor information or other electronic information or use our online products and services (such as downloadable content) which may include information about which content you access at what times and how often;
- Special categories of personal data. In certain circumstances, where required or permitted by law or where you have permitted us to do so, we may collect special categories of your personal data which are specifically protected under data protection law. For example, 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. Additionally, we may collect information in relation to your sexual orientation if you provide us details of your spouse or partner in your dealings with us.
How Do We Collect and Use Your Personal Data?
We may collect this personal data in various ways, including:
- Directly from the Data Subject (e.g., when you voluntarily submit information to our website, or send us an email or other written correspondence or otherwise provide us with information in the course of our business relationship).
- Indirectly from other sources (e.g., from public records or from a counterparty, typically acting with your consent, who is in possession of the data).
- Automatic collection tools (e.g., cookies and other analytics or tracking technology may be used to collect certain aggregate and non-personal information as set out above when you visit our website located at “cerberus.com” or third party sites we direct you to, view our investor information or other electronic information or use our online products and services).
Please note, our website it not directed at children and we do not knowingly collect information relating to children.
How and On What Basis Do We Use Your Personal Data?
We will use your personal data for a variety of reasonable and legitimate business purposes (“Permitted Purposes”), including, but not limited to:
- Complying with legal or regulatory obligations, such as our obligations regarding know-your-client and anti-money laundering, or record keeping;
- Performing a contract with you or to take steps before entering into a contract, including to: (i) provide you with information regarding CCM products or services, (ii) assist you and answer your requests, (iii) evaluate whether we can offer you a CCM product or service and under what conditions;
- Other legitimate purposes, such as:
- Communicating with Data Subjects, including, where permitted by applicable law, providing you with information about investment opportunities, CCM’s products and services and other news about CCM;
- Performing activities relating to client management, financial management and administration;
- Creating, improving and developing our products and services;
- Conducting market research, surveys, and similar inquiries to help us understand trends, client and website visitor needs;
- Monitoring and auditing compliance with internal policies and procedures, legal obligations and to meet requirements and orders of regulatory authorities;
- Selling or buying businesses or assets;
- Establishing, exercising and defending legal claims and
- Processing and considering applications for employment, including evaluating and confirming your suitability for the position and accuracy of any information submitted.
We will not use your personal data for any purposes inconsistent with this Privacy Notice without your permission.
With Whom Do We Share Your Personal Data?
CCM may share your personal data as follows:
- Within CCM. With our affiliates worldwide if legally permitted and to the extent required for the Permitted Purposes. In such cases, these entities will then use the personal data for the same purposes and under the same conditions as outlined in this Privacy Notice.
- With third parties. With our service providers worldwide, e.g., legal advisors, fund administrators, custodians, auditors, etc. 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. Further, with other third parties where permitted or required by law for the Permitted Purposes, including for the establishment, exercise or defense of legal claims.
- With prospective sellers or buyers. With prospective sellers or buyers and their professional advisers in connection with the sale or acquisition of businesses or assets.
- As Required by Law. We also disclose your personal data if we are required to make disclosures by applicable law or to the government or private parties in connection with a lawsuit, subpoena, investigation or similar proceeding, or as part of our legislative or regulatory reporting requirements.
How Do We Protect Your Personal Data?
We take seriously the obligation to safeguard your personal data. Your personal data held by us will be kept confidential in accordance with applicable CCM policies and procedures. We will use all reasonable efforts to ensure that all personal data is kept secure and safe from any loss or unauthorized disclosure or use. All reasonable efforts are made to ensure that any personal data held by us are stored in a secure and safe place, and accessed only by authorized users, and according to CCM policies and procedures.
How We Keep Your Personal Data Current?
In general, we seek to ensure that we keep your personal data accurate and up to date. However, you are responsible for, and we kindly request that you inform us of, any changes to your personal data (such as a change in your contact details). To update or edit your personal data that we have on file, including your communication preferences, please contact us using the contact details set out under the “Contact and Complaints” section.
How Long Do We Store Personal data?
CCM will hold your personal data for at least as long as it is necessary in order to fulfill our contractual, regulatory and statutory obligations, 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.
Changes to This Notice
This Privacy Notice was last updated in May 2019. From time to time, we may make changes or amend it as required to reflect any changes to the way in which we use your personal data or changing legal requirements. Any amended information will apply from the date it is posted on our website.
Contact and Complaints
CCM takes very seriously any complaints we receive about our use of your personal data. Questions, comments, requests or complaints regarding our website, this Privacy Notice, or our use of your personal data should be addressed to: email@example.com.
Any personal data we receive from you when making a complaint will be treated in accordance with this Privacy Notice and only to process the complaint and check on the level of service we provide. Similarly, where inquiries are submitted to us, we will only use the information supplied to us to deal with the inquiry and any subsequent issues and to check on the level of service we provide.
Additional Information in Relation to Data Processing Under the GDPR
The below information applies only to Data Subjects who are located in the European Economic Area (“EEA”) and whose personal data we process under the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 (the “GDPR”).
Cerberus Capital Management, L.P. (875 Third Avenue, New York, NY 10022, United States of America) or Cerberus European Capital Advisors, LLP (5 Savile Row, London, W1S 3PB, United Kingdom), or any of our affiliates in business contact with you or identified in our communications with you, will be the responsible controller for any personal data you provide to us in connection with our business relationship. Please click here for a list of our relevant affiliates with contact details.
GDPR Data Protection Principles
In respect of the collection, holding, storage, use, and processing of your personal data:
- We will process the data lawfully, fairly and in a transparent way.
- We will obtain the data only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- The data we collect will be relevant to the purposes we have told you about and limited only to those purposes.
- We will take reasonable steps to ensure that the data is accurate and kept up to date.
- Subject to applicable legal or other requirements, we will keep the data only as long as necessary.
- We will use appropriate technical and/or organizational measures to ensure appropriate security of the data.
Transfer of Personal Data Outside the EEA
CCM is a globally active enterprise. In the course of our business activities, we may transfer your personal data from the UK/EEA to CCM entities or other recipients in countries outside of the EEA, 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 data transfer agreements which are in the form of EU Standard Contractual Clauses which are available here or ensuring that data recipients are certified under the EU-US Privacy Shield framework.
Data Subject Rights
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. Additionally, you have the right to request a copy of the personal data that we hold about you. If your request is unfounded or excessive, we may make an administration charge for this. Please refer to Articles 15-22 of the GDPR for details on your data protection rights.
PLEASE NOTE THAT IN ACCORDANCE WITH ARTICLE 21 (2) OF THE GDPR YOU HAVE THE RIGHT TO OBJECT TO THE USE OF YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES.
If you have given us your consent for the processing of your personal data, you can 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 provided. 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 to have the matter investigated. You can also 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).