Sculptor Capital Management Group, Inc. and its affiliates (“Sculptor”, “we,” “us,” “our”) is committed to protecting and respecting your privacy and personal information.
This Privacy Policy applies to personal information processed by us in our business, including on our websites (“Site”), and other online or offline offerings (collectively, the “Services”) and explains our processing practices including the personal information we may collect, our use of such personal information, and your privacy rights.
By accessing the Services, you agree to our collection and use of personal information as described in this Privacy Policy and our [Terms of Use]. However, this does not equate to consent for the processing of your personal information for purposes of European data protection laws. For the purposes of European data protection laws, we are also the controller of your personal information.
This Privacy Policy also applies to the collection and processing of personal information by Sculptor Capital Management Europe Limited (“Sculptor Europe”) via its recording of certain telephone calls. Please see the Section on “Call Recording” for further information.
I. PERSONAL INFORMATION WE COLLECT – SOURCES AND CATEGORIES
We may collect your personal information when you visit our website, when you email or telephone us, and through other interactions with us, when you request information about our Services, provide us with your information at a conference or other event or by registering for or participating in a webinar or online presentation. If you do not provide us with the required personal information, we may not be able to provide you with the requested services. We also collect personal information from our LinkedIn page and Twitter feed and our other social media pages. In addition, when you visit and browse the Site or otherwise interact with Sculptor, we may collect information about you by using “cookies” and other technological means. Please see the Section on “Cookies and Other Technologies” and our separate Cookie Policy for further information.
Information You Provide To Us
The categories of personal information we may collect from all the above sources include the following:
Information We Collect Through Other Means
Cookies and Other Technologies
Our Services use cookies and similar technologies (e.g., web beacons, pixels and device identifiers) to store on a user’s computer or device information to (i) authenticate users; (ii) distinguish between users; and (iii) to observe and analyse traffic levels and other metrics on our website, to improve the design and functionality of our website and Services. Please review our [Cookie Policy] for further information about how we use cookies and how you can disable them.
We use Google Analytics to evaluate the use of our Services and Site. Google Analytics uses cookies and other identifiers to collect information, such as how often users visit a website, what pages they visit when they do so, and what other websites they visited prior to visiting a website. To learn more about how Google Analytics collects personal information, review Google’s Privacy Policy.
Call Recording
Sculptor Europe records the telephone lines of certain of its personnel (“Monitored Lines”) in order to comply with its legal / regulatory obligations and/or where in its legitimate interests (i) to monitor / ensure compliance with internal policies and procedures, (ii) to protect the safety of clients, employees and third parties, and (iii) to comply with our regulatory and legal requirements. Where you receive a telephone call from our personnel via one of these Monitored Lines and/or make a telephone call to one of these Monitored Lines, your conversation will be recorded by Sculptor Europe. The recordings are retained for 5 years.
II. HOW WE USE YOUR INFORMATION
We have set out below, a description of the ways we use your personal information (referred to as “processing purposes” below), and for individuals located in the EEA or the UK we explain which of the legal bases we rely on to do.
| Categories of Personal Information | Processing Purposes | Legal Basis (where you are located in the EEA or the UK) |
|---|---|---|
| Personal Identifiers; and Internet or other electronic activity information. | To provide our Services to you: (i) provide access to certain areas, functionalities, and features of our Services; and (ii) communicating with you about your account including to respond to your requests and enquiries, and in relation to activities regarding our Services and policy changes. |
To enter into / perform a contract with you (i.e., our Terms of Use). To pursue our legitimate interests in providing the requested information and/or information about our processing of your personal information in an effective and efficient manner. |
| Personal Identifiers; and Internet or other electronic activity information. | For business administration: including to conduct market research and statistical analysis. | To pursue our legitimate interests in managing our business effectively and efficiently through market research and statistical analysis. |
| Personal Identifiers; and Internet or other electronic activity information. | Personalization: to personalize your visit to the Site and to assist you while you use the Site. |
To enter into / perform a contract with you (i.e., our Terms of Use). To pursue our legitimate interests in tailoring the Site to your needs in order to provide a more effective Service to you. |
| Personal Identifiers; and Internet or other electronic activity information. | Site improvement: to improve the Site by helping us understand who uses the Site. |
To enter into / perform a contract with you (i.e., our Terms of Use). To pursue our legitimate interests of improving the Site in order to provide a more effective Service to you. |
| Personal Identifiers; and Internet or other electronic activity information. | Security: To ensure network and information security, including monitoring authorized users’ access to our Services for the purpose of preventing cyber-attacks, unauthorized use of our systems and Site and protection of your personal information. | To pursue our legitimate interests to ensure our Site is safe and secure and to ensure they are used in accordance with our Terms of Use. |
| Personal Identifiers; and Internet or other electronic activity information. | Quality assurance: for quality and training purposes. | To pursue our legitimate interests to ensure our Site is of the highest quality and to train our personnel to deliver a high quality Service. |
| Personal Identifiers; and Internet or other electronic activity information. | Transactions: To enable any due diligence and other appraisals or evaluations for any actual or proposed merger, acquisition, financing transaction or joint venture contemplated by Sculptor. | To pursue our legitimate interests to operate and improve our business. |
| Personal Identifiers; and Internet or other electronic activity information. | To prevent or detect crimes. | To comply with a legal obligation, e.g. to report a crime to a law enforcement agency.
To pursue our legitimate interests to prevent or detect crimes. |
| Personal Identifiers; and Internet or other electronic activity information. | Legal claims: To defend and enforce our rights including, against legal claims that involve us, and to manage regulatory matters, investigations, data breaches, and/or data subject requests. |
To comply with a legal obligation, e.g. to respond to an official request or data subject request. To pursue our legitimate interests to defend and enforce our rights. |
If you are located in the European Economic Area and the United Kingdom: You have a right to object to the processing of your personal information where that processing is carried out for our legitimate interests. Please note however that we may not be able to fulfil such requests in all instances.
You are able to request a copy of the legitimate interest assessment carried out by us. Where we need to collect the abovementioned categories of personal information by virtue of a legal obligation or in light of a contract entered or to be entered into with you, and you do not provide this personal information when requested, we may not be able to comply with our legal obligations, provide you with the Services or perform the contract we have or are trying to enter into with you. In such case, we may have to terminate our relationship with you.
III. DISCLOSING YOUR INFORMATION FOR BUSINESS PURPOSES
We may disclose your personal information to service providers that help us operate our business, including for the processing purposes identified in the previous section of this Policy.
We may also disclose personal information to third parties that provide us with technical support and assistance in respect of the Site, including the third party host of this Site, companies engaged to help gather your information or communicate with you. Our affiliates may also have access to personal information provided to us by you including through or in connection with this Site for the purposes set out in this Privacy Policy, including Sculptor Capital LP, Sculptor Capital II LP, Sculptor Europe Loan Management Limited and Sculptor Capital Management Europe Limited. We may also disclose any personal information as required or permitted by law to comply with a subpoena or similar legal process or government request, or where we deem necessary, in our sole discretion and in good faith, where we believe that disclosure is legally required or otherwise necessary to protect our rights and property, or the rights, property or safety of others, to our attorneys, advisers, law enforcement agencies, and judicial and regulatory authorities. We may also transfer your personal information to a third party that acquires all or part of our assets or shares, or that succeeds us in carrying on all or part of our business, whether by merger, acquisition, reorganisation or otherwise.
IV. INTERNATIONAL DATA TRANSFERS
Our Site is hosted in the U.S. Therefore, when you disclose personal information to us, this personal information will be transferred to the U.S.
If you are located in the EEA/UK, Sculptor may, for the purposes listed in Section II, transfer your personal information to other recipients as referred to above, that are also located in countries outside the EEA/UK, including the U.S., and which are not currently considered by the European Commission and/or UK Government to provide an adequate level of data protection. In these circumstances, Sculptor will take steps to ensure that the personal information is protected including by entering into Standard Contractual Clauses or similar (“SCCs”) with the recipient, seeking assurances from the recipient that they have Binding Corporate Rules in place or otherwise relying on a derogation for the transfer (e.g., where the transfer is necessary for the defense of legal claims).
You can request further information on the data transfer solutions relied upon including, a copy of the SCCs by using the contact details in Section X below.
V. YOUR PRIVACY RIGHTS
California Privacy Rights
California Do Not Track
Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browsers’ do not track signals.
EEA / UK Privacy Rights
Residents in the EEA and UK have the following privacy rights, subject to applicable limitations:
Right of Access: you have the right to confirm what data is being processed, obtain information about the processing activities and to receive a copy of your personal information;
Right to Rectification: you have the right to request rectification / correction of your personal information where it is inaccurate or incomplete
Right to Erasure: you have the right to request deletion of your personal information.
Right to Restriction: you have a right to ask that we restrict or suppress the processing of your personal information which means that whilst we are permitted to store the personal information we cannot otherwise process it.
Right to Data Portability: you have right to request the transfer of certain personal information to a third party, in machine readable format.
Right to Object: you have the right to object to the processing of your personal information including for any direct marketing purposes.
Right to Withdraw Consent: you have the right to withdraw your consent, at any time, without hindrance or cost, to prevent further processing. Please note that withdrawing your consent does not affect the lawfulness of our processing of your personal information based on such consent before the withdrawal.
If you would like to exercise any of these rights, please contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, we take steps to verify your identity before fulfilling your request.
VI. DATA RETENTION
We retain personal information for a minimum period of 7 years or in accordance with our record retention policy. We will only process your personal information for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, accounting or reporting requirements. To determine the appropriate retention period, the amount, nature and sensitivity of the personal information are considered, together with the necessity and purposes for the processing (including, whether such purposes can be achieved through other means) and the potential risk of harm from unauthorized use or disclosure of the personal information. In exceptional cases (e.g., in pending litigation matters or where the law requires us to) your personal information may need to be kept for longer periods of time.
VII. SECURITY OF YOUR INFORMATION
We endeavor to protect your personal information. We use both technical and procedural security methods throughout our organization to maintain the integrity and security of our databases, including firewalls in order to keep personal information confidential, and protect users’ personal information against the loss, misuse, unauthorized access, disclosure or alteration, in accordance with applicable data protection and privacy laws. However, we cannot ensure or warrant the security of any information that users transmit to the Site, and we will not be responsible for or liable in connection with any loss or disclosure of your personal information, other than disclosures that we knowingly make in violation of this Privacy Policy.
VIII. CHILDREN’S INFORMATION
The Services are not directed to children under 16 (or other age as required by local law), and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.
IX. OTHER PROVISIONS
Supervisory Authority
If you are located in the European Economic Area or the UK, you have the right to lodge a complaint with a supervisory authority.
Changes to Our Privacy Policy
We may revise this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post the revised policy here. We may e-mail you notifying you of any changes to our Privacy Policy if it is required under applicable laws, but you should check our Site frequently to see recent changes. Unless we are lawfully required to make such changes with immediate effect, any such changes will be effective thirty (30) calendar days following our posting of notice of the changes on this Site.
Third Party Websites
Our Services may contain links to websites and services that are owned or operated by third parties (each, a “Third-Party Service”) which may include features that collect your IP address, which page you are visiting on our Services, and may set up a cookie to enable the links to function properly. Any information that you provide on such sites is provided directly to the Third-Party Service and we are not responsible for their respective content, privacy or security practices and policies. To protect your information, we recommend that you carefully review the privacy policies of all Third-Party Services that you access. Our Services may include access to publicly accessible blogs, forums, or social media pages. Personal information you voluntarily transmit or publish online in such publicly accessible blog, forum, or social media page may be viewed and used by others without any restrictions. Your interactions with these platforms are governed by the privacy policy of the company providing them.
X. CONTACT US
If you have any comments, concerns or questions about our privacy practices or this Privacy Policy, or if you wish to submit a request to exercise your rights as detailed in this Privacy Policy, please contact us at:
Sculptor Capital Management, Inc.
9 West 57th Street
40th Floor
New York, New York 10019
GDPR@sculptor.com