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Last Updated: August 26, 2020
At HPS, we are committed to protecting and respecting your privacy. This policy explains how we collect and use any personal information (i.e., any information that relates to you and that identifies or can be used to identify you) that you share with us, including how we collect, process, protect and share your personal information.
When you provide us with your personal information, HPS Investment Partners, LLC, HPS Investment Partners (UK) LLP and HPS Investment Partners (HK), Limited and, in each case, their affiliated companies and the investment funds and accounts advised by them and their affiliates (together, “HPS”, “we”, “us” and “our”) act as “data controllers” as such term is defined in Regulation (EU) 2016/679 (the General Data Protection Regulation) or the Data Protection Law, 2017 of the Cayman Islands, as applicable. In simple terms, this means that we: (i) “control” the personal information that you provide, including making sure that it is kept secure; and (ii) make certain decisions on how to use and protect such personal information, but only to the extent that we have informed you about the use or are otherwise permitted by law.
1. What information do we collect about you?
The types of personal information we collect about you depends on the nature of your interaction with us. The types of personal information we collect may include:
- personal, device and business contact information (such as name, postal and email address, IP addresses, and telephone number);
- other personal information you submit to us, such as information you provide to register for email alerts or correspond with us in relation to inquiries;
- personal information you may submit to us in connection with any potential employment opportunities; and
- information we may collect about you in connection with evaluating and making investments to the extent that you are connected to the relevant transaction.
The personal information collected about you will help us provide you with better service or facilitate our business relationship.
2. How we obtain your personal information
We collect information about you directly when you provide it to us in correspondence and conversations (including via email and telephone) and through forms and contracts we may enter with you. We may also receive information about you from your employer, service providers or other transaction parties in connection with our review of investment opportunities. Depending on the nature of the relationship, such may include information about your name, address, email address, date of birth, passport details or other national identifier, driving license, your national insurance or social security number and income, employment information and details about your investment or retirement portfolio(s).
In connection with an employment inquiry, we also collect information regarding your work authorization status, education history, employment history and professional designations; and other information about your qualifications.
We will only collect and process personal information about you where we have lawful bases to do so (please see section 3 below).
We may combine personal information that you provide to us with information that we collect from, or about you, in some circumstances. This will include information collected in an online or offline context.
3. Why we use your personal information
We will use the personal information you provide us, or we otherwise collect for the following purposes, and pursuant to the corresponding legal bases:
|To enter into, and perform, contracts with you that you have requested.||Contractual necessity|
|To improve our website and notify you about changes to our services.||Legitimate interest|
|To respond to requests for information submitted by you through our website.||Legitimate interest|
|To keep a record of your relationship with us.||Legitimate interest|
|To assess your qualification for available employment opportunities.||Legitimate interest|
|To conduct know-your-customer, anti-money laundering and similar reviews.||Legitimate interest|
Additionally, we will use your personal information, subject to applicable law, to keep you informed of our products and services (e.g., future funds that we are raising) based on our legitimate interest.
No automated decision making, including profiling, is used when processing your personal information.
4. Who we share your personal information with
We will share your personal information with third parties as required by law or regulation.
We will seek to ensure any third party that acts as a data processor on our behalf:
(i) enters into an agreement with us and meets our standards for data security;
(ii) does not use your personal information for any purpose other than the clearly defined purpose relating to the service that such party is providing;
(iii) treats your personal information as confidential; and
(iv) holds your personal information securely and retains it only for such period of time as necessary.
We will also share your personal information with applicable third parties in the event of a reorganization, merger, sale, acquisition, assignment or other disposition of all or a portion of our business, assets or shares.
5. How we keep your personal information secure
We are committed to protect the personal information you entrust to us, and to that end we employ appropriate organizational, physical, technical and procedural safeguards designed to protect your personal information in our possession or under our control to the extent possible from unauthorized access and improper use.
6. Our retention of your personal information
7. Transfer of your personal information
To the extent that you reside in the European Union, or EU or Cayman Islands data privacy legislation applies to you or the fund in which you invest, and we transfer your personal information to countries located outside of the European Economic Area (“EEA”), such transfers are made in accordance with applicable data privacy laws.
8. Your rights
To the extent that you reside in the European Union, or EU or Cayman Islands data privacy legislation applies to you or the fund in which you invest, you have the right to access the personal information we hold about you, and there are, subject to certain limitations, a number of ways you can control the way in which and what information we store and process about you. We have explained these individual rights and controls below. To exercise these rights and controls, please contact us at GDPR-Compliance@hpspartners.com.
Access: You have the right to access the personal information that we hold about you free of charge (subject to certain situations where we may charge a ‘reasonable fee’).
Correction: You have the right to correct any inaccuracies in the information we hold about you.
Deletion: You have the right to request that we delete your personal information in certain situations (subject to any legal obligations for us to retain it).
Restrictions on use: You may request that we stop processing your personal information (other than storing it): (i) while its accuracy is verified; (ii) if the processing is illegal; (iii) if the processing is no longer necessary for the purposes for which it was collected; or (iv) if you object to the processing and we are verifying whether our legitimate grounds to process your personal information override your own rights.
Object: You have the right to object to processing, including: (i) for direct marketing (from which you may opt-out at any time); (ii) for research or statistical purposes; and/or (iii) where processing is based on legitimate interests.
9. How to contact us
If you reside in the European Union, or EU data privacy legislation applies to you, and you should you wish to lodge a complaint with regards to how your personal information has been processed by HPS, please contact your local supervisory authority. In the UK, this is the Information Commissioner (https://ico.org.uk/). If you are an investor in a Cayman Islands fund you may lodge a complaint with the Cayman Islands Ombudsman (www.ombudsman.ky).