Last Updated and Effective December 2024
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 or requests with regards to the personal data we hold about you, please feel free to contact the Firm at Compliance@silverpointcapital.com, (203) 542-4230, or by writing to Silver Point Capital, L.P., Attn: Compliance, 2 Greenwich Plaza, First Floor, Greenwich, CT 06830, USA.
Privacy Notice For California Consumers
Last updated: December 2024
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, and applies only to collection or other use of “personal information” that is subject to the CPRA. 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 certain diversity-related 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. | 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 with third parties (for cross-context behavioral advertising) Personal Information from anyone under the age of 16.
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; and (d) the categories of Personal Information disclosed for a business purpose, sold, or shared with third parties (for cross-context behavioral advertising) and the categories of persons to whom it was disclosed, sold or shared (and with respect to Personal Information that is sold or shared, organized by category or categories of Personal Information for each category of third parties to whom the Personal Information was sold or shared).
- 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.
Additional Information for Residents of the European Union and United Kingdom
How we collect information about you
We may collect personal data (as such term is defined in the General Data Protection Regulation, including as such law forms part of the law of the United Kingdom) (“GDPR”) about you through:
- information provided directly to us by you, or another person on your behalf, through this website, or by email or post, or in person;
- information that we, our affiliates, or any third-party investment research partner, obtains as part of ongoing investment research efforts relating to providing our products and services;
- information that we obtain in relation to our marketing of our products and services; or
- information that we obtain in relation to any transactions between you and us;
Personal information about you may also be obtained from publicly accessible sources of information, such as public databases, industry associations, social media and online professional networks.
Why we collect information about you
We may collect and use your personal information for the purposes of administering the relationship between us, marketing our products and services to you or the businesses with which you are associated, investment research activities, monitoring and analysing our activities, and complying with applicable legal or regulatory requirements.
We will use one of the permitted grounds under the applicable law to process your information. Such grounds include instances where you have given your consent and cases where your consent is not required under applicable law, such as where we are required to comply with a legal obligation, or where we, or a third party, determine that it is necessary for our legitimate interests to collect and use your personal information.
The legitimate interests to collect your personal information may include any of the purposes identified above and any other purpose where we or a third party have determined that you have a reasonable expectation for us or a third party to collect or use your personal information for such purpose. You have the right to object to the use of your personal data for direct marketing purposes.
The types of personal data we may collect and use
The categories of personal data we may collect will depend on the nature of our relationship with you and the purpose for which information is being collected. Such personal data may include names, title or position with your organisation, residential addresses, telephone numbers, email address or other contact details.
Do we use automated decision-making processes?
No.
Do we share your personal information with third parties?
We may (to the extent relevant to the purpose for which we collect your information), share your personal data with third parties, such as:
- our affiliates or other entities that are part of our group or with our clients;
- any person to whom we have a right or obligation to disclose personal data, or where we determine that disclosure is necessary to protect or defend our rights or property, including with regulators, courts of law, governmental, regulatory or law enforcement agencies;
- our internet, IT, telecommunications and other service providers, including legal advisers, accountants, and administrators;
- service providers and trading counterparties to our clients, including placement agents or distributors, brokers, banks, trading venues, clearing houses, custodians, corporate services providers, administrators of our funds, regulatory trade and transaction reporting providers, and providers of customer relationship management tools;
- credit reference agencies and other third parties conducting background checks in the context of client, counterparty, or investment due diligence;
- any person, as directed by you; or
- any person to whom we transfer any of our rights or obligations under any agreement, or in connection with a sale, merger or consolidation of our business or other transfer of our assets, whether voluntarily or by operation of law, or who is otherwise deemed to be our successor or transferee.
Transfers of personal information to countries outside of the EU or the UK
Due to the international nature of our business, your personal data may be transferred to countries outside of the EU or UK (as applicable), such as to jurisdictions where we or our clients conduct business or have a service provider, including countries, such as the United States, that may not have the same level of data protection as that afforded by the GDPR or other data protection legislation applicable in the EU or the UK (collectively, “Data Protection Law”). In these circumstances, we take steps to ensure that the recipient agrees to keep your information confidential and that it is held securely in accordance with the requirements of Data Protection Law, such as by entering into legal agreements with service providers and between Silver Point group entities containing contractual requirements to comply with the Data Protection Law.
For how long do we keep your personal information?
We will generally keep personal information about you for as long as necessary in relation to the purpose for which it was collected, or for such longer period if required under applicable law or necessary for the purposes of our other legitimate interests.
The applicable retention period will depend on various factors, such as any legal obligation to which we or our service providers are subject as well as on whether you decide to exercise your right to request the deletion of your information from our systems. As a minimum, information about you will be retained for the entire duration of any business relationship we may have with you.
We will, from time to time, review the purpose for which we have collected information about you and decide whether to retain it, update it, or securely delete it, if the information is no longer required.
What are your rights?
You have certain rights under Data Protection Law in respect of the personal data we hold about you and which you may exercise. These rights are:
- to request access to your information;
- to request rectification of inaccurate or incomplete information;
- to request erasure of your information (a “right to be forgotten”);
- to restrict the processing of your information in certain circumstances;
- to object to our use of your information, such as where we have considered such use to be necessary for our legitimate interests (e.g. in the case of direct marketing activities);
- where relevant, to request the portability of your information;
- where you have given consent to the processing of your data, to withdraw your consent; and
- to lodge a complaint with the competent supervisory authority.
Complaining to Competent Supervisory Authority
If you are located in the European Union, you have the right to complain to the competent supervisory authority of your country.
A complaint in respect of a fund established in Luxembourg may be lodged with the Commission Nationale pour la Protection des Données (National Commission for Data Protection) in Luxembourg.
If you are located in the United Kingdom, you have the right to complain to the Information Commissioner’s Office (“ICO”). Further information is available from the ICO’s website.
Recording and monitoring of communications
We may record and monitor telephone conversations and electronic communications with you for the purposes of:
- ascertaining the details of instructions given, the terms on which any transaction was executed or any other relevant circumstances;
- ensuring compliance with our regulatory obligations; or
- detecting and preventing of financial crime.
Copies of recordings will be stored for a period of five years, or such other longer period as we may determine from time to time.