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Catalyst Capital Holdings Privacy Policy
Last Updated: March 19, 2021
This Privacy Policy (this “Policy”) describes the ways in which Catalyst Capital Holdings LLC (“Provider”, “Company”, “we” or “us”) collects, uses, and discloses information about you, including personally identifiable information, in connection with your use of the website catalystcap.com (including all areas of the site) (the “Site”), applications and software provided online through or in connection with the service, including through a mobile device (collectively, the “System”). Throughout this Policy, “you” refers to the individual or entity that is visiting the System.  We have provided this policy so that you can make an informed decision about your use of the System.  Capitalized terms that are not defined in this Privacy Policy have the meaning ascribed to them in our Terms of Use.  By using the System, you consent to the use of your information as set forth in this Policy.
If you have questions or concerns regarding this Policy, you should contact us via email to [email protected], or send mail to Privacy, Catalyst Capital Holdings LLC.
  1. This Policy.
    1. Scope.  Provider utilizes the System to provide certain investment management, investor reporting, and communication services to you (the “Services”).  In the course of providing the Services, Provider may collect “Personal Information,” which means any information relating to an identified or identifiable natural person (a “data subject”) (an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person).
    1. Changes to this Policy.  Provider reserves the right to update this Policy from time to time by posting a new Policy on this page, and in some cases where changes are material Provider may also contact you via electronic mail or post a notice on the homepage to let you know of such changes.  You are advised to consult this Policy regularly for any changes.  If you object to any changes, you may close your account.  Your continued use of the System after such changes have been made constitutes acceptance of those changes.
  1. Collection of Information.  When you visit our System we may collect information regarding your visit from your computer. Such information helps us to determine information about how you found our System, the date that you visited our System and search engines that may have led you to our System.  We collect this information in order to continually improve and enhance the functionality of the System.  Generally, you may provide us with two types of information, personally information, and Site usage information, both of which are discussed in greater detail below.
    1. Information that You Provide.  Provider collects any information that you voluntarily provide, including when you create an account on the System or when you use the Services available through the System.  We’ll ask you to provide certain information if you choose to register with our System, including your name, email address, your date of birth, address, telephone number, government identification number (e.g. social security number, driver’s license number) and other information which identifies you (collectively “Personally Identifiable Information”).  Information that you may provide includes your email address, name, phone number, location.  Provider may also collect information that you provide by electronic mail, telephone or other means.
    1. Automatically Collected Information.  Provider may automatically collect certain technical information from your computer or mobile device when you use the System, such as your Internet Protocol address, your web browser type and version, the name and version of your operating system, the pages you view on the System, the pages you view immediately before and after you access the System, and the search terms you enter on the System.  This information allows Provider to recognize you and personalize your experience if you return to the System using the same computer or mobile device, and to improve the System and the Services.
    1. Information about Legal and Other Materials.  In addition, Provider may collect technical information from your computer or mobile device concerning your receipt of communications, access to materials and approval or execution of contracts, consents or other statements or agreements by means of the System, including the System’s Terms of Use and this Policy.
    1. Cookies.  Provider may collect this information using “cookies,” which are small text files that the System saves on your computer or mobile device, or similar technologies, which often include an anonymous unique identifier.  The System uses both “session ID cookies” and “persistent cookies.”  Session ID cookies are used to store information while a user is logged into the site and expire when the user closes their browser.  Persistent cookies are used to make tasks like logging into the site easier for returning users by remembering a user’s login information, and may be used by your browser on subsequent visits to the Site.  Persistent cookies stay on a user’s hard drive from one session to the next.  Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser.  When you visit our Site, our computer may ask your computer for permission to employ the use of a session or persistent cookie.  Our Site will then send a cookie to your browser if your browser’s preferences allow it.  You can disable cookies in your browser settings, but doing so may affect the functionality of the System and may make certain features of the System inaccessible to you.
    1. Beacons.  Provider may also collect information using “web beacons,” (aka “pixel tags” or “clear GIFs”) which are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular website tied to the web beacon, and a description of a website tied to the web beacon or using unique links that can distinguish when individual users click the link.  Web beacons and unique links, alone or in conjunction with cookies, may help Provider compile information about your interactions with electronic mail sent to you in connection with the Services.  For further information, see the Cookie Policy in Section 5 below.
    1. Cross-Site Tracking.  Provider does not utilize technical measures in the System to track your activities across different web sites or online services, whether you configure your browser’s Do Not Track feature or otherwise.  The System does utilize third-party application programming interfaces controlled by third parties, such as to display maps and graphs, that may attempt to track your activity across other sites that utilize those interfaces.
    1. Reviewing and Correcting Information.  You may update or correct contact information and other Personal Information stored about you on the System by accessing your account/profile page, or by sending a written request to the Provider.
  1. Use and Disclosure of Information.  Provider may collect, use, share, and otherwise process your personal information for a number of purposes, including, but not limited to:
    1. Accessing the System and Providing the Services.  Provider uses your Personal Information to provide you with the Services, or products, services or information related to the System or the Services, including: providing you with information about the System, Services or required notices; customizing your experience when using the System, such as by providing interactive or personalized elements on the System; and providing you with content based on your interests.  We will use your email address to complete the signup process.  By providing your email address to us, you consent to our using the email address to send you System-related notices, including among other things notices required by law, in lieu of postal mail.  You may not opt-out of Sytem-related e-mails.  We may also use your email address to send you other messages, including changes to System features and special offers.  The legal basis for such use are the System’s Terms of Use and this Policy.
    2. Analysis.  Provider uses your Personal Information for improving the System and/or the Services, including by (i) combining or aggregating any of the information collected through the System or elsewhere for generating and analyzing statistics about your use of the System and user demographics and traffic patterns and (ii) using anonymized data that may or may not be derived from Personal Information but does not personally identify you, both for disclosure to third parties and for the purpose of enhancing the Services and developing new Service offerings.  The legal basis for such use are the System’s Terms of Use and this Policy and Provider’s legitimate interest in improving the System and Services.
    3. Security. Provider may use your Personal Information for safety and security purposes, including sharing of your information for such purposes, when it is necessary to pursue Provider’s legitimate interests in ensuring the security of the System and Services, including detecting, preventing and responding to fraud, intellectual property infringement, violations of the System’s Terms of Use, violations of law or other misuse of the System; and when Provider believes in good faith that disclosure is necessary (A) to protect Provider’s rights, the rights of other users of the System, the integrity of the System, or your safety or the safety of others, or (B) to detect, prevent or respond to fraud, intellectual property infringement, violations of the System’s Terms of Use, violations of law or other misuse of the System.
    4. Service Providers.  Provider engages third-party service providers (such as payment processors, hosting providers and analytics and security providers) to assist in operating and marketing the System. Provider’s engagement of third-party service providers is often necessary for Provider to provide the Services to you, particularly where such third-party service providers ensure that the System and Services are operating and secure. In other cases, Provider has a legitimate interest in third-party service providers that can help improve the System and the Service.
    5. Other Disclosure.  Provider may disclose Personal Information about you to others: (a) with your valid consent to do so; (b) to comply with a valid subpoena, legal order, court order, legal process, or other legal obligation; (c) to enforce any of the terms and conditions or policies; (d) as necessary to pursue available legal remedies or defend legal claims; (e) take precautions against liability; (f) to exervise or protect our rights and property, the System, or the rights and personal safety of our affiliates, users, or others; or (g) for other legitimate purposes.  Provider may also transfer your Personal Information to an affiliate, a subsidiary or a third party in the event of any reorganization, merger, acquisition or sale, joint venture, assignment, transfer or other disposition of all or any portion of  Provider’s business, assets or stock, including, without limitation, in connection with any bankruptcy or similar proceeding, provided that any such entity that Provider transfers Personal Information to will not be permitted to process your Personal Information other than as described in this Policy without providing you notice and, if required by applicable laws, obtaining your consent.
    6. Marketing.  If you submit your information to a Provider via Juniper Square, Provider may provide you with information about the System, Services or required notices.  In addition, Provider may use collected information for delivering marketing communications that may be of interest to you.  You have the right to ask Provider not to process your Personal Information for marketing purposes.
    7. Rights to Opt-In / Opt-Out.  You have the right to “opt in” and/or “opt out” of certain of our uses of your Personally Information.  For example, you may have the opportunity to elect whether you would like to receive correspondence from us and/or third party service providers.  Your personal information will not be shared with third party service providers unless consent is given by you.  You will have the opportunity to opt out of our promotional e-mails by clicking the “opt out” or “unsubscribe” link in the e-mail you receive.  You can also request this by sending an e-mail to[email protected] specifying whether: (i) you would like to opt out of receiving promotional correspondence from us in general, or just via e-mail, postal mail and/or by phone, and/or whether (ii) you would only like to opt out of certain of our e-newsletters or correspondence.  Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.
  1. Storage.
    1. Jurisdiction.  Information collected through the System will be stored in, processed in and subject to the laws of the United States, which may not provide the same level of protection for your information as your home country, and may be available to the United States government or its agencies under a lawful order made in the United States.  By using the System, you consent to such transfer to, storage in and processing within the United States.  If you are accessing the System from outside the United States, your use of the System is governed by U.S. law.  By providing Personal Information to us through the System, you agree that it may be used by us and our affiliates for the purposes described herein and you further understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories, which may have different privacy laws from your country of residence and which may afford varying levels of protection for your Personal Information.  Regardless of the laws in place in these countries, we will treat the privacy of your information in accordance with this Policy.  By providing your Personal Information to this System, you consent to our transmission to, and processing of your information in, any jurisdiction, in accordance with this Privacy Policy.
    1. Security.  Provider is committed to protecting your information and has implemented commercially reasonable technical and organizational measures designed to secure your Personal Information from accidental loss and from unauthorized access, use or disclosure.  The system and its operators maintain administrative, technical and physical safeguards designed to protect the information collected through the System.  For example, all information you transmit to the System is encrypted using Transport Layer Security technology (TLS).  However, no information or communication system can be 100% secure, so Provider cannot guarantee the absolute security of your information.  We cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes.  In addition, Provider is not responsible for the security of information that you transmit to the System over networks that Provider does not control, including the Internet and wireless networks.  You acknowledge that you submit your personal information at your own risk.  We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.  If you have reason to believe your interaction with us is no longer secure (for example, if you feel that the security of any account with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the information provided in the Introduction to this Policy.
    1. Retention.  Provider will not retain data longer than is reasonably necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.  Accordingly, even if you close your account we will retain certain information as necessary to meet our legal obligations and fulfill the purposes outlined in this Policy.    Customarily, after Provider has disbursed all funds from a subject fund, Provider will retain your information for a period of five (5) years following such fund closure, and then all such information shall be deleted by Provider.  If you wish to access or correct any information Provider holds about you, you may have your data deleted, blocked or corrected (as long as compliant with applicable law).  Provider also collects and retains information through the System in an anonymized form, i.e. tracking the pages you visit and how long was spent on each page.  We will retain de-personalized information after your account has been closed.
  1. Cookie Policy.  This section provides Provider’s cookie policy and describes how Provider uses Cookies and similar technologies. For more information on Provider’s general data privacy practices, please see the full Policy.
    1. Cookies.  Cookies are small pieces of data that are stored on your computer, mobile phone, or other device when you first visit a page. Provider uses cookies, web beacons and similar technologies (“Cookies”) to enhance your user experience, understand your usage of the System and Services and to perform analytics. Cookies may also be set by other websites or services that run content on the page you are visiting.  The provision of your data via Cookies is voluntary except for those Cookies that Provider places on your device because it is necessary for the performance of the System or Services.  Provider uses “session cookies” and “persistent cookies.” Session Cookies are temporary Cookies that remain on your device until you leave the System or Services. A persistent Cookie may remain on your device for much longer until you manually delete it.
    2. Use.  Cookies can contain the following information about you and your use of the System: browser type, search preferences, data relating to which pages of the System that you have visited and the date and time of your use. Provider uses Cookies for the following purposes:
      1. To enable and support security features, prevent fraud, and protect your data from unauthorized access.
      2. To enable features and help us provide you with personalized content.
      3. To analyze how you use the System and to monitor site performance. These Cookies help us to identify and fix errors, understand and improve services, research and test out different features, and monitor how you reached the System.
    3. Third-Party Cookies.  Provider uses the following third-party Cookies on the System:
      1. Google Maps and Google Charts. The System includes mapping and charting services from Google. These services use cookies in their internal operations. See https://policies.google.com/privacy for details.
      2. DocuSign (if applicable). The System provides the option to execute agreements via DocuSign. If you interact with DocuSign via the System, you may encounter cookies used by DocuSign in their internal operations. Seehttps://www.docusign.com/company/privacy-policy for details.
      3. Wistia, YouTube, and Vimeo. The System provides a capability to embed video from Wistia, YouTube, or Vimeo as part of offering marketing materials. If you view marketing materials containing embedded video, the video player may use cookies in its internal operations, including functions such as tracking how many visitors play the video, and how much of the video they play. In addition, Wistia hosts the video content embedded in the System’s help center. See https://wistia.com/privacy, https://policies.google.com/privacy, andhttps://vimeo.com/privacy for details.
      4. Zendesk. Provider provides help materials via an integration with Zendesk. When you use the help center, you may encounter cookies used by Zendesk in their internal operations. Seehttps://www.zendesk.com/company/customers-partners/privacy-policy/ for details.
    4. Opting Out.  You can control and/or delete cookies as you wish – for details, see https://www.aboutcookies.org/. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being place If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work as intended by Provider.
    5. Online Tracking Disclosures – Do Not Track Settings.  You may be accessing the Site via a browser that has a “Do Not Track” setting.  Under AB 370 of CalOPPA, we are required to disclose our response to a browser’s “do not track” signal.  If you have turned this setting in your browser on, or if you are using a browser with the default setting of “Do Not Track”, please be advised that all features of the Site may not function in such setting.  As detailed above, we collect a variety of functional and analytic cookies in order for you to completely engage with our services.  If you wish to opt-out of the collection of tracking information you may do so according to your browser settings; however, please be advised that such an election may limit the functionality of the Site available to you.
  2. GDPR.
    1. If you are a resident of a Member State of the European Union (“EU”), European Economic Area (“EEA”) or Switzerland (the EU, EEA and Switzerland collectively, “Designated Countries”), Provider will process your Personal Information in compliance with the EU General Data Protection Regulation (“GDPR”).  For information submitted using the System, Provider is the data controller, as defined under GDPR.  In accordance with GDPR, as a data subject you will be accorded with any applicable rights, which may include the following:
      1. right of confirmation;
      2. right of access;
      3. right to rectification;
      4. right to erasure;
      5. right of restriction of processing;
      6. right to data portability;
      7. right to object;
      8. right to withdraw data protection consent; and
      9. the right to lodge a complaint with a supervisory authority.
    2. We have lawful bases to collect your data, as detailed in this Privacy Policy.  The nature of our business means the Personal Information and Site usage information will be transferred to the United States.  We take appropriate steps to ensure that recipients of your personal data are bound to duties of confidentiality and we implement measures such as standard data protection contractual clauses to ensure that any transferred personal data remains protected and secure.  You may request copies of these clauses by contacting [email protected].  You may lodge a complaint with the applicable supervisory authority if you consider that our processing of your information violates applicable law.
  3. Third-Party Websites.  The System and communications from Provider may contain links to websites operated by third parties.  You acknowledge and agree that Provider is not responsible for the collection and use of your information by such websites that are not under Provider’s control.  Provider encourages you to review the privacy policies of each website you visit.
  1. Children’s Information.  The System is not directed to, nor does Provider knowingly collect information from, children under the age of 13.  If you are under 13 years of age, then you must not use or access the System at any time or in any manner or provide any information to the System.  If we become aware that we have inadvertently received personal information from a visitor under the age of 13 on our System, we will delete the information from our records.  If you become aware that your child or any child under your care has provided information without your consent, please contact Provider immediately using the contact information provided below.
  1. Other Agreements.  You may from time to time enter into binding legal agreements relating to certain Services available through the System, which may have terms that are different from those of this Policy.  In the event of any inconsistency, the terms of such other agreement shall control with respect to such Services.
  1. Your Choices.  We have lawful bases to collect, use and share data about you.  You have choices about the use of your data.  We will only collect and process Personal Information about you where we have lawful bases.  Lawful bases include consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you (e.g. to deliver the Provider services you have requested)) and our legitimate interests, provided that such processing shall not outweigh your rights and freedoms.  Provider will seek to obtain your additional consent where required by applicable law.  At any time, you can withdraw the consent you have provided by going to settings.  You may, of course, decline to submit Personal Information to the System, in which case you may not be able to register or Provider may not be able to provide certain services to you.  You may access, update or correct your Personal Information by using your account settings to edit, delete, update, or change the Personal Information you have provided to this Site.  You may also request that we correct, update, or remove your information from the current Site by contacting us at [email protected].  We will respond to your request within 30 days.  However, before we are able to provide you with any information or correct any inaccuracies, we may ask you to verify your identity and provide other details to help us to respond to your request.  To protect your privacy and security, we take reasonable steps (such as requesting a password) to verify your identity before granting you profile access or making corrections.  You are responsible for maintaining the secrecy of your password and account information at all times.
  1. Compromise of Personal Information.  In the event that personal information is compromised as a result of a breach of security, Provider will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.  In the event the breach involves your online account credentials, we will provide notification in electronic form and direct you to promptly change your password and security question, as applicable, or to take other appropriate steps to protect the online account as well as any other online accounts for which you use the same credentials or security question and answer.  You consent to our use of e-mail as a means of such notification. If you would prefer us to use another method to notify you in this situation, please e-mail us at [email protected] with the alternative and/or additional contact information you would like us to use.
  1. Notification Procedures.  It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to users via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Site, as determined by Provider in its sole discretion.  Provider reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Policy.
Role of Juniper Square.
a.   Host and Operator.  Juniper Square, Inc., a Delaware corporation (“Juniper Square”) hosts and operates the System on behalf of Provider as a data processor.  As operator of the System, Juniper Square has access to, stores and processes all Personal Information received and collected about you by means of the System, as well as information that Provider furnishes to Juniper Square about you, for the purpose of hosting and operating the System and facilitating provision of products and services by Provider to you.  Juniper Square does not direct or control Provider’s use or storage of Personal Information about you.  Juniper Square’s collection, use and disclosure of your Personal Information is described in the Juniper Square privacy policy, which is available athttp://www.junipersquare.com/legal/privacy_policy.html.
b.  Business Transfer.  If Juniper Square, or substantially all of Juniper Square’s assets, are acquired, or in the unlikely event that Juniper Square were to go out of business or enter bankruptcy, user information will be one of the assets that is transferred or acquired by a third party.  You acknowledge that such transfers may occur, and that any acquirer of Juniper Square may continue to use your Personal Information as set forth in this Policy (as it may be amended from time to time).
10.       Contact Information.  If you have any questions about this Policy or the collection or use of information about you, please write to Provider by email at [email protected] or by postal mail at Catalyst Capital Holdings LLC.