Last Updated and Effective August 2023
This Privacy Policy sets forth the privacy practices of Silver Point Capital, L.P. (the “Firm,” “we,” “our,” or “us”) with respect to our collection, use, sharing, and disclosure of Personal Information, including, but not limited to, Personal Information collected through this website (the “Site”), how it is used, and the circumstances under which it may be shared and disclosed. This Privacy Policy constitutes a legally binding agreement between you and the Firm that conditions your use of the Site, where and as permitted by applicable law.
If you are a job applicant or an employee, please read our Privacy Notice for Job Applicants and Employees on our Careers page.
If you are a California resident, please read our Privacy Notice for California Consumers below.
1. Personal Information We Collect
When you visit the Site and during our ordinary business activities, the Firm may collect or ask you to provide certain nonpublic personal information (“Personal Information”) in order to help us manage our relationship with you, determine your eligibility to work for us, and/or serve your investment needs. The Personal Information we may collect from you may include personally identifiable information including names, residential or business addresses, or other contact details, signature, nationality, tax identification or passport number, date of birth, place of birth, photographs, copies of identification documents, bank account details, information about assets or net worth, credit history, information on investment activities, or other personal information, such as certain special categories of personal data (including, where relevant, information on political affiliations, ethnic origin, or criminal convictions), as specified under applicable law, that may be contained in the relevant materials, documents, or obtained through background searches.
2. Sources of Personal Information
We may collect Personal Information from:
- Your communications with us;
- Your transactions with us;
- Services providers;
- Affiliates;
- Nonprofit organizations; and
- Government entities.
3. How We Use Personal Information
We use Personal Information for the following business purposes:
- To provide our products and services;
- To process your requests and inquiries;
- To offer new products and services;
- To process transactions;
- For account maintenance;
- To confirm your identity;
- To communicate with you;
- To improve the Site;
- To protect the security and integrity of the Site;
- To prevent or investigate fraud or other unlawful activity, and detect security incidents; and
- To comply with and enforce applicable legal requirements.
4. How We Share Personal Information
Your privacy is important to us. The Firm does not disclose any Personal Information to nonaffiliated third parties, except to service or manage a client’s account, for the business purposes described above, or as otherwise permitted by law. We do not sell any Personal Information.
5. How We Protect Personal Information
The Firm seeks to carefully safeguard Personal Information. We will use commercially reasonable efforts to ensure that Personal Information is kept secure and safe from any loss or unauthorized disclosure or use. We restrict access to our client’s Personal Information to employees requiring that Personal Information to provide our products or services and to nonaffiliated third parties only to service or manage a client’s account.
6. Use of Cookies
We may send text files (e.g., “cookies” or other cached files) or images to your web browser to collect and/or store information on your computer. Such text files and images are used to support the operation of our digital offerings and for the technical convenience to store information on your computer. We may use information stored in such text files and images primarily for administrative purposes, including to improve or customize your experience on our Site or to monitor use of our Site. We may also use cookies to conduct research and analytics, including compiling statistics such as frequency of use, pages visited, and length of each visit, in order to improve our Site, as well as the Firm’s products and services.
By using our Site with your browser set to accept cookies, you consent to our use of cookies as described and other tools to provide the products and services available on the Site. You may set your browser to notify you when you receive a cookie. Many web browsers also allow you to block cookies. If you block cookies you may not be able to access certain parts or use all features of our Site. You can disable cookies from your computer system by following the instructions on your browser or at http://www.allaboutcookies.org/.
7. Contact Us
If you have any questions or comments about this Privacy Policy, please feel free to contact the Firm at Compliance@silverpointcapital.com or (203) 542-4230.
Privacy Notice For California Consumers
Last updated: August 2023
This notice contains disclosures required by the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CPRA”). Terms defined in the CPRA have the same meaning when used in this notice. This notice is only relevant to California residents (“consumers” or “you”), including job applicants and current or former employees. Consumers with disabilities may contact the Head of Human Resources (Phone: (203) 542-4435; Email: CCPR.info@silverpointcapital.com) to obtain this notice in an alternative format.
Information We Collect. In the past 12 months, we have collected and disclosed for a business purpose the following categories of personal information (“Personal Information”):
| Category | Examples | Collected | Disclosed for Business Purpose |
|---|---|---|---|
| A. Identifiers | A real name, alias, email address, postal address, Internet Protocol (IP) address, account name, Social Security number, driver’s license number, passport number, or other similar personal identifiers. | YES | YES |
| B. Other personal information categories, as listed in the California Customer Records Statute | A signature, physical characteristics or description, telephone number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. | YES | YES |
| C. Protected classification characteristics under California or federal law | Age (40 years or older), race, citizenship, marital status, sex, veteran or military status, and diversity information. | YES | YES |
| D. Commercial information | Account activity, records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | YES | YES |
| E. Biometric information | Fingerprints, faceprints, voiceprints, and iris or retina scans. | YES | YES |
| F. Internet or other similar network activity | Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. | YES | YES |
| G. Geolocation data | Physical location or movements. | YES | YES |
| H. Sensory data | Audio, electronic, visual, thermal, olfactory, or similar information. | NO | NO |
| I. Professional or employment-related information | Current or past job history or performance evaluations, and personal information collected in the course of acting as a job applicant or other employment related interactions and activities (including, but not limited to, resumes, emergency contact information, health and safety information, emergency contact information, and/or that information necessary for a business to retain to administer benefits (such as insurance and beneficiary information)). | YES | YES |
| J. Non-public education information (per the Family Educational Rights and Privacy Act) | Education records directly related to a student maintained by an educational institution or party acting on its behalf (such as transcripts and other school records). | YES | YES |
| K. Inferences drawn from other personal information | Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | NO | NO |
| L. Sensitive personal information | A consumer’s SS, driver’s license, state ID card, or passport number; account log-in or debit/credit card number in combination with any access code, password, or account credentials; precise geolocation; racial/ethnic origin, religious/philosophical beliefs, or union membership; contents of mail, email, and text messages; genetic data; biometric information; PHI; or sex life or sexual orientation. | YES | YES |
Personal Information does not include information that is publicly available, de-identified/ aggregated, or subject to HIPAA or GLBA.
We collect Personal Information from the following categories of sources:
- Your communications with us;
- By observing your actions on our website;
- Service providers;
- Nonprofit organizations; and
- Government entities.
We do not knowingly sell or share Personal Information from anyone under the age of 16 without the prior consent of such person.
Purpose for Collection and Use of Personal Information. We may collect or use Personal Information for one or more of the following purposes:
- Providing you with information about our products and services;
- Providing you with performance and other updates;
- One or more of the following business purposes:
- Performing services (for us or our service provider or contractor) such as account servicing, processing orders and payments, and analytics;
- Auditing related to our interactions with you;
- Legal compliance;
- Detecting and protecting against security incidents, fraud, and illegal activity;
- Debugging;
- Internal research for technological improvement;
- Internal operations;
- Activities to maintain and improve our services;
- Short-term, transient use, such that the personal information is not disclosed to another third party and is not used to build a profile about you; and
- Employment related interactions and activities, including those relating to: natural persons in the role or former role of job applicant, employee, director, officer, medical staff member, or independent contractor processing job applicants; the administration of benefits and payroll; and maintaining emergency contact files.
The use of sensitive personal information is limited to only those purposes authorized under the CPRA.
Disclosing Personal Information. We may disclose Personal Information to:
- Service providers;
- Affiliates;
- Business partners;
- Legal or government regulatory authorities as required by applicable law;
- In connection with a potential business transfer; and
- Third parties to whom you or your agents authorize us to disclose such information in connection with services we provide to you.
In the past 12 months, we have not sold or shared (for cross-context behavioral advertising) Personal Information to third parties.
Length of Time. We will keep your Personal Information for as long as necessary to comply with our regulatory obligations.
Rights of California Consumers. The CPRA provides a California consumer the following rights, subject to certain exceptions and limitations:
- The right to request: (a) the categories and specific pieces of Personal Information we collect about you; (b) the categories of sources from which we collect your Personal Information; (c) our business or commercial purposes for collecting, selling or sharing your Personal Information; (d) the categories of Personal Information disclosed for a business purpose or shared with third parties (for cross-context behavioral advertising) and the categories of persons to whom it was disclosed or shared; (e) the categories of your Personal Information (if any) that we have either sold, shared, or disclosed.
- The right to request that we delete your Personal Information, subject to certain exceptions.
- The right to opt out of our sale(s) (if any) of your Personal Information to third parties or sharing with such third parties for the purpose of cross-context behavioral advertising.
- The right to request we correct any inaccurate Personal Information maintained about you.
- The right to limit our use of your sensitive personal information to only use that is necessary to perform the services expected or provide the goods reasonably expected.
- The right not to receive discriminatory treatment for exercising your CPRA rights.
You may submit requests relating to your exercise of CPRA rights to us via:
Phone: Head of Human Resources at (203) 542-4435;
or
Email: CCPR.info@silverpointcapital.com.
You may only make a verifiable request for access or data portability twice within a 12-month period. All verifiable requests must provide (1) enough information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized agent and (2) sufficient detail that allows us to properly evaluate and respond to it. We may need to request additional information from you to verify your identity or understand the scope of your request. If we are unable to verify your identity, we will need to deny your request. You may designate an authorized agent to make a CPRA request on your behalf and we reserve the right to seek proof that you have given the authorized agent signed permission to act on your behalf.
We endeavor to respond to a verifiable request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.
Questions
If you have questions regarding this Notice, please contact us at CCPR.info@silverpointcapital.com.