CALIFORNIA CONSUMER PRIVACY ACT
ABRAMS CAPITAL MANAGEMENT, L.P.
Read and keep a copy for your records.
Effective date: June 19. 2020
Abrams Capital Management, L.P. (“Abrams Capital”), along with our private investment funds and affiliates (the “Firm”, “we”, “us” or “our”) considers privacy to be fundamental to its relationship with you. This Privacy Notice describes how we may collect, use, share and otherwise process personal information we collect through our website at www.abramscapital.com (the “Site”), as well as information that we may collect via the other means described below.
If you are an investor in a fund or the holder of an account managed directly or indirectly by us (or, in either case, their representative), please refer to the Investor Privacy Notice (as available in our investor portal or otherwise provided to you) for further information about how we collect and processes personal information about our current, prospective and former individual investors. This Privacy Notice does not apply to information we collect from our employees, applicants for employment, contractors or business contacts.
I. Personal information we collect
“Personal information” is any kind of information that relates to an identifiable person. We may collect and process the following personal information about you:
- Identifiers, such as your name, address, email address and telephone numbers;
- Internet or other electronic network activity information, such as your internet protocol (IP) address, login data, unique device identifiers, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, mobile device carrier and other technology on the devices you use to access the Site; as well as usage information, such as information about how you use the Site and our products and services, referring/exit web pages, date/time stamps, error logs, and the frequency of your use of the Site;
- Marketing and communications information, such as your preferences in receiving marketing communications from us;
- Professional or employment information, such as your job title and place of work;
- Background information, such as information revealed in know-your-customer (KYC) and anti-money laundering (AML) due diligence, investor accreditation and consents; and
- Financial information, such as assets, income, net worth, amounts and types of investments, capital account balances, capital commitments, capital contributions, account data, other investment participation information, funds transfer information, beneficiaries, positions, percentages of fund, share or option numbers and values, vesting information, investment history, transaction information, and tax information.
We also collect, use and share aggregated information such as statistical or demographic data for any purpose. This information could be derived from your personal information but will not directly or indirectly reveal your identity. For example, we may aggregate your usage information to calculate the percentage of users accessing a specific Site feature. However, if we combine or connect information with your personal information so that it can directly or indirectly identify you, we treat the combined information as personal information which will be used in accordance with this Privacy Notice.
II. How we collect your personal information
We collect personal information from you via the following:
(i) Personal information you provide to us
Forms you complete (or which are completed by your authorized representatives on your behalf) on the Site or otherwise; and your correspondence and interactions with us, including by letter, email and telephone.
(ii) Personal information collected from third parties
We may collect personal information about you from third parties, such as business partners, vendors, or from publicly available sources. The conditions under which we may obtain such information are governed by the third party source.
(iii) Information collected automatically
We may automatically collect certain information about the devices you use to access the Site, as well as information on how you interact with the Site, through cookies, web server logs, and other similar tracking technologies.
We do not currently use technology that recognizes “do not track” signals from your web browser.
III. How we use your personal information
We will only use your personal information when the law allows us to. We may use personal information to:
- communicate with you;
- track and understand how you use and interact with the Site, personalize your visit to the Site, measure the usability of the Site and the effectiveness of our communications; maintain and enhance the safety and security of the Site and prevent misuse, and otherwise manage and enhance the Site;
- identify, protect against and prevent fraud and other liabilities and comply with and enforce applicable legal requirements, relevant industry standards and policies;
- make, maintain, manage and dispose of our investments, conduct due diligence, evaluate business opportunities, and develop new investment opportunities;
- manage, operate and grow our business and manage investor accounts, including through the use of third party service providers;
- comply with legal or regulatory obligations, such as our obligations regarding tax withholdings; and
- monitor and audit compliance with internal policies and procedures, legal obligations and meet requirements and orders of regulatory authorities.
IV. How we protect your personal information
We are committed to maintaining the confidentiality, integrity and security of your personal information and take precautions to protect such information. These precautions include the adoption of certain physical, electronic, and procedural safeguards and procedures designed to maintain and secure your personal information from inappropriate disclosure in accordance with applicable laws and regulations. While we strive to protect personal information, we cannot guarantee its security.
V. When we disclose your personal information
We may disclose personal information to:
- our affiliates for the purposes identified in this Privacy Notice;
- our agents or service providers to conduct services on our behalf;
- any governmental agency, regulatory authority or self-regulatory organization having jurisdiction over us, if (i) we determine that such disclosure is necessary or advisable pursuant to or in connection with any U.S. federal, state or local, or non-U.S., law, rule, regulation, executive order or policy, including without limitation any anti-money laundering law and the USA PATRIOT Act and (ii) such disclosure is not otherwise prohibited by law, rule, regulation, executive order or policy;
- persons acting in a fiduciary or representative capacity on behalf of an investor, such as an IRA custodian or Trustee of a grantor trust; and
- certain other persons to the extent authorized by you.
In addition, we may disclose personal information about you (a) if we are required or permitted to do so due to a court order or a request from a law enforcement agency, (b) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, (c) in connection with an investigation of suspected or actual fraudulent or other illegal activity, and (d) in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, or liquidation).
We have not sold any personal information in the twelve (12) months preceding the effective date of this policy.
VI. Retention of your personal information
We will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Notice, or as long as we are legally required or permitted to do so. Under certain circumstances, you may have the right to have your personal information erased.
When deciding how long to retain your personal information, we take into account our legal and regulatory obligations, the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information described above and whether we can achieve those purposes through other means. We may also retain your personal information to investigate or defend against potential legal claims in accordance with the limitation periods of countries where legal action may be brought.
VII. Third party links
The Site may contain links to third party websites, products and services. These third party websites and services have separate and independent privacy policies, which we encourage you to read. We have no responsibility or liability for the content and activities of such linked sites. However, we want to protect the integrity of our Site and thus welcome any feedback you may have about third-party sites we link to.
VIII. Children’s Privacy
The Site is not directed toward children under the age of 18. We do not promote our products or services online to minors, and we do not intentionally collect any personally identifiable information from any person under 18. If we become aware of having collected personal information from children under the age of 18 without valid consent from their respective parents or guardians, we will delete is as soon as practicable.
IX. Changes to your personal information
You are not required to supply any of the personal information that we may request, except where such information is necessary for the performance of (or to enter into) a contract with you or is otherwise required by applicable law. However, failure to do so may result in our being unable to accept your business or provide services to you. We will make every effort to ensure that all information that we hold about you is accurate, complete and up to date. You can help in this regard by promptly notifying us at the address listed below if there are any changes to your personal information.
X. California Privacy Rights
(i) Privacy Rights
Under the California Consumer Privacy Act (“CCPA”), California residents may have certain privacy rights, including the rights to: (i) request additional information and obtain a copy of Personal Information, i.e., a "Request to Know, " sometimes called the "Right to Access;" and (ii) request deletion of Personal Information, i.e., a "Request to Delete Information," sometimes called the "Right to Be Forgotten." Abrams will not discriminate against you for exercising any of these rights.
(ii) How to Exercise Data Subject Rights
If you wish to exercise your California privacy rights please contact us at firstname.lastname@example.org or at the toll-free number set forth below. We will review your requests and respond accordingly. The rights described herein are not absolute and we reserve all of our rights available to us at law in this regard. Additionally, if we retain your Personal Information only in de-identified form, we will not attempt to re-identify your data in response to a California Privacy Rights request.
If you make a request related to Personal Information about you, we will need to verify your identity. To do so, we will request that you match specific pieces of information you have provided us previously. If it is necessary to collect additional information from you, we will use the information only for verification purposes and will delete it as soon as practicable after complying the request. For requests related to particularly sensitive information, we may require additional proof of identification.
If you make a California Privacy Rights request through an authorized agent, we will require written proof that the agent is authorized to act on your behalf.
We will process your request within the time provided by applicable law.
(iii) California "Shine the Light"
California’s “Shine the Light” law permits California residents to annually request and obtain information free of charge about what personal information is disclosed to third parties for direct marketing purposes in the preceding calendar year. We do not distribute your personal information to outside parties without your consent for their direct marketing.
XI. Changes to this Privacy Notice
XII. Contacting Us
If you have any questions or concerns about this Privacy Notice, please contact us toll-free at 833-567-8380.