MHR Fund Management LLC and certain of its affiliated entities where appropriate (“MHR,” “we,” “us,” or “our”) take seriously protecting the privacy of our current, prospective, and former investors who are natural persons (including IRAs). We are providing you with this Privacy Policy to help you better understand how and why we collect, use, share, disclose, and protect personal data (as defined below) about you.
If you are a California resident, please review the below section, “California Residents,” for a description of our practices and your rights under the California Consume Privacy Act.
Collection of Personal Data
We may collect nonpublic personal information and other personal information about you to facilitate your investments and for our business and commercial purposes. For purposes of California residents only, pursuant to the California Consumer Privacy Act (“CCPA”), personal information includes information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a California resident or a household. “Personal data” for the purposes of this Privacy Policy includes nonpublic personal information and personal information as defined under the CCPA with regard to California residents.
We may collect the following types of personal data from or about you:
- Identifiers and similar information such as, name, address, date of birth, email address, social security number, driver’s license number, passport number, online identifiers or other similar identifiers;
- Additional information protected under certain federal or state laws such as a signature, bank account, or other financial information;
- Characteristics of protected classifications under certain federal or state laws, including gender, national origin, or marital status;
- Commercial information, including records of products or services purchased or other purchasing histories or tendencies, including funds invested, investments considered, or sources of wealth;
- Internet or other electronic network activity information, including interactions with our website or investor portal;
- Professional or employment-related information, including occupation, employer, and title; and
- Inferences drawn from any of the information identified above to create a profile reflecting your preferences or similar information, including your potential interest in investing in new funds.
Sources of Personal Data
We may collect personal data about you directly from you and/or your intermediaries from the following sources:
- Information we receive from you in the subscription documents, or other related documents or forms;
- Information about your transactions with us, our affiliates, or others, including service providers that are necessary to carry on our everyday business;
- Written, electronic, or verbal correspondence with us or our service providers;
- Your brokerage or financial advisory firm, financial advisor, third party law firm or consultant; and
- Information captured on our website or investor portal as discussed above.
In addition, we may collect personal data from different sources, such as: (i) our service providers and affiliates and their service providers; (ii) public websites or other publicly accessible directories and sources, including bankruptcy registers, tax authorities, governmental agencies and departments, and regulatory authorities; and/or (iii) from credit reporting agencies, sanctions screening databases, or from sources designed to detect and prevent fraud.
Purposes for Collecting and Using Personal Data
We may collect or use your personal data for the following business or commercial purposes: (i) performing services on behalf of a fund, including fulfilling your requests, maintaining or servicing accounts, providing investor relations services, processing subscriptions and withdrawals/redemptions, verifying information, processing payments, or providing similar services; (ii) communicating with you; (iii) performing our contractual and regulatory obligations to a subscriber to a fund; (iv) detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, including preventing fraud and conducting “Know Your Client,” anti-money laundering, terrorist financing, and conflict checks; or (v) enabling or effecting commercial transactions.
Disclosure of Personal Data
We may share all of the personal data that we collect with our affiliates in order to service your account or provide you with information about services that may be of interest to you. Otherwise, we do not disclose any personal data about you, except: (i) as necessary or appropriate for the administration of our fund(s) and the effectuation of its transactions; (ii) to service providers, including administrators, banks, auditors, law firms, consultants and placement agents ; (iii) at your request or direction or with your consent; (iv) to the extent reasonably necessary to prevent fraud, unauthorized transactions or liability; and/or (v) as otherwise permitted or required by law or regulation, including, but not limited to, governmental organizations and self-regulatory organizations.
Security of Personal Data
We take reasonable steps to maintain physical, electronic and procedural safeguards appropriate to the nature of the personal data we are processing and that comply with federal and other applicable law to safeguard investors’ personal data. Given the nature of information security, there is no guarantee that such safeguards will always be successful.
Our Use of Cookies and Similar Technologies
Cookies are small text files that are stored in your computer’s memory and hard drive, or in your mobile device or tablet when you visit certain websites. They are used to enable websites to function or to provide information to the owners of a website, or other third parties that receive data obtained from that website. We or our service providers may use cookies for various purposes, including to distinguish you from other users of our website and collect certain information about your interactions with the website. We may use third-party web analytics services to help us understand how people are using our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our website. You can control these cookies through your browser settings and learn more by visiting www.allaboutcookies.org.
Links to External Websites
Our website and investor portal may contain links to third party websites. Any access to and use of such third party websites is not governed by this Privacy Policy, but, instead, is governed by the privacy policies of those third party websites. MHR is not responsible for the information practices of such third party websites.
California Residents
The CCPA imposes certain obligations on us and grants certain rights to California residents (“California Resident,” “you” or “your”) with regard to “personal information.” If you are a California Resident, please review the following information about our privacy practices surrounding how and why we collect, use, disclose and share your personal information and your potential rights under the CCPA. The rights described in this section are subject to exemptions and other limitations under applicable law.
Terms used in this section have the meaning ascribed to them in the CCPA. We and our affiliates are a “business.” “Personal information” for the purposes of this section has the same meaning as in the CCPA. It does not include deidentified information, aggregate consumer information or publicly available information, as those terms are defined in the CCPA.
Notice at Collection and Use of Personal Information
Information We Collect
Depending on how you interact with us, we may collect the categories of personal information listed above in the section “Collection of Personal Data.”
How We Use Collected Information
We may use your personal information for the business or commercial purpose listed above in the section “Purposes for Collecting and Using Personal Data.”
For more information about our privacy practices, please review our Privacy Policy.
Our Collection, Use, Disclosure, and Sharing if Personal Information
What Information We Have Collected, the Sources from Which We Collected It, and Our Purpose for Collecting the Information
In the preceding 12 months, depending on how you interact with us, we may have collected the categories of personal information listed above in the section, “Collection of Personal Data.” We may collect personal information from all or some of the categories of sources listed in the section, “Sources of Personal Data.” We may collect all or a few of these categories of personal information for the business or commercial purposes identified in the section, “Purposes for Collecting and Using Personal Data.”
Our Disclosure and Sharing of Personal Information
MHR does not sell personal information, including not selling the personal information of minors under 16.
In the preceding 12 months, we may have disclosed for a business purpose the following categories of personal information to the following categories of third parties, as described in the following chart:
|
Category of Personal Information |
Category of Third Party |
|
Identifiers (for example these could include your name, address, DOB, SSN, driver’s license, passport number and online identifiers) |
· Counterparties and/or intermediaries in connection with investments and transactions or for operational purposes. · Entities who assist with fraud prevention, detection and mitigation and to assist with anti-money laundering or anti-terrorism checks. · Third parties as needed to complete a transaction, including financial institutions or lenders to or creditors of a fund.
|
|
Additional information subject to Cal. Civ. Code § 1798.80(e) (for example, these include a signature, state identification card number, financial information, or bank account information) |
· Counterparties and/or intermediaries in connection with investments and transactions or for operational purposes. · Entities who assist with fraud prevention, detection and mitigation and to assist with anti-money laundering or anti-terrorism checks. · Third parties as needed to complete a transaction, including financial institutions or lenders to or creditors of a fund. · |
|
Characteristics of protected classifications under certain federal or state laws (for example this could include gender, age or marital status) |
· Counterparties and/or intermediaries in connection with investments and transactions or for operational purposes. · Entities who assist with fraud prevention, detection and mitigation and to assist with anti-money laundering or anti-terrorism checks. |
|
Commercial Information (for example records of products or services purchased, obtained or considered or purchasing histories or tendencies including funds in which you are invested, investments considered or sources of wealth) |
· Counterparties and/or intermediaries in connection with investments and transactions or for operational purposes. · Entities who assist with fraud prevention, detection and mitigation and to assist with anti-money laundering or anti-terrorism checks. · Third parties as needed to complete a transaction, including financial institutions or lenders to or creditors of a fund. |
In addition, in the preceding 12 months, we may have disclosed for a business purpose all of the categories of personal information identified in the section “Collection of Personal Data” above, to the following categories of third parties: (i) judicial courts, regulators, or other government agents purporting to have jurisdiction over us, our subsidiaries or our affiliates, or opposing counsel and parties to litigation; and (ii) other third parties as may otherwise be permitted by law.
We may share your personal information with our service providers such as IT, certain professional service organizations (i.e. administrators and third-party law firms), or other entities that have agreed to limitations on the use of your personal information, or entities that fit within other exemptions or exceptions in or as otherwise permitted by the CCPA.
California Residents’ Rights under the CCPA
If your personal information is subject to the CCPA, you may have certain rights concerning that information, subject to applicable exemptions and limitations, including the right to: (i) be informed, at or before the point of collection, of the categories of personal information to be collected and the purposes for which the categories of personal information shall be used; (ii) not be discriminated against because you exercise any of your rights under the CCPA; (iii) request that we delete any personal information about you that we collected or maintained, subject to certain exceptions (“Request to Delete”); and (iv) opt-out of the “sale” (as that term is defined in the CCPA) of your personal information if a business sells your personal information (we do not); and (v) request that we, as a business that collects personal information about you and that discloses your personal information for a business purpose, disclose to you (“Request to Know”): (a) the categories of personal information we have collected about you; (b) the categories of sources from which we have collected the personal information; (c) the business or commercial purpose for collecting the personal information; (d) the categories of third parties to which we disclose personal information about you for a business purpose; (e) the specific pieces of personal information we have collected about you; and (f) the categories of personal information we have disclosed about you for a business purpose.
The CCPA does not restrict our ability to do certain things like comply with other laws or comply with regulatory investigations. In addition, the CCPA does not apply to certain information, including, generally, personal information collected, processed, sold or disclosed pursuant to the Gramm-Leach-Bliley Act and its implementing regulations. We also reserve the right to retain, and not to delete, certain personal information after receipt of a Request to Delete from you where permitted by the CCPA or another law or regulation.
How to Submit a Request Under the CCPA
You may submit Requests to Know and Requests to Delete through the following telephone number 212.262.0005, or toll free at 888.206.1520, or via email to nkiel@mhrfund.com.
We are required to provide certain information or to delete personal information only in response to verifiable requests made by you or your legally authorized agent. When you submit a Request to Know or Request to Delete, we may ask that you provide clarifying or identifying information to verify your request. Such information may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, your name and email address. Any information gathered as part of the verification process will be used for verification purposes only.
You are permitted to designate an authorized agent to submit a Request to Know or a Request to Delete on your behalf and have that authorized agent submit the request through the aforementioned methods. In order to be able to act, authorized agents have to submit proof that they are authorized to act on your behalf, or have a power of attorney. We may also require that you directly verify your own identity with us and directly confirm with us that you provided the authorized agent permission to submit the request.
Changes to this Privacy Policy
This Privacy Policy was last revised as of November 9, 2021. From time to time, we may update or revise this Privacy Policy. If there are changes to the terms of this Privacy Policy, documents containing the revised policy on the relevant website will be updated.
Contact for More Information
If you have any questions concerning this Privacy Policy, please contact Nathan Kiel at 212.262.0005.