Privacy Notice

Bardin Hill Investment Partners LP (together with its affiliates, “Bardin Hill”) is committed to keeping your non-public personal information secure and confidential. This notice is intended to help you understand how we fulfil this commitment. We also describe the measures we take to protect the security of the information and how you can contact us about our privacy practices.

Within this Privacy Notice, the meaning of “Personal Data” is that given in the European Union General Data Protection Regulation (including as it forms part of the law applicable in the United Kingdom) unless otherwise stated. Personal Data includes any information relating to an identifiable individual or allowing an individual to be identified (e.g., name, address, date of birth, or economic information).

Details of how this Privacy Notice applies to individual residents in the European Economic Area “EEA”, United Kingdom and California can be found under the sections headed General Data Protection Regulation and Notice for California Consumers, below.

This Privacy Notice applies to the ways we interact with individuals connected to our business, including:

·         directors, officers, employees, and other representatives of portfolio companies in which Bardin Hill has made an investment or is considering making an investment

·         individual representatives of third-party sellers, placement agents, finders, investment bankers, consultants, lawyers, accountants, advisers, and other service providers, whether or not engaged by Bardin Hill

·         directors, officers, employees, and other representatives of Bardin Hill

·         individuals applying for or enquiring about employment with Bardin Hill and

·         individuals considering investing or investing with Bardin Hill (or individuals associated with current and prospective investors) and their representative agents with whom we interact during the normal course of business.


We respect the privacy of individuals, with respect to collecting, holding, storing, using, and processing your Personal Data, we:

·         process the data lawfully, fairly, and transparently

·         obtain data only for valid purposes that we have clearly explained to you and will not use it in any way that is incompatible with those purposes

·         collect data relevant to the purposes we have told you about and only those purposes

·         take reasonable steps to ensure that the data is accurate and kept up to date

·         keep data in line with applicable legal and other requirements and

·         use appropriate technical and organizational measures to ensure appropriate security of the data.

Please note that Bardin Hill will update this Privacy Notice from time to time and in response to regulatory changes. We may also provide additional privacy notices or similar disclosures in respect of certain categories of individuals (e.g., certain investors or prospective investors in a fund managed or advised by Bardin Hill, or certain former or existing employees associated with Bardin Hill), as well as certain geographies and jurisdictions.

 

Data We Collect

In connection with our business, we collect various types of Personal Data, depending on the relationship and circumstance, including:

·         identification information: name, ID card and passport numbers, nationality, place and date of birth, gender, picture, and IP address

·         contact information: postal address, email address, and phone number

·         family situation: marital status and number of children

·         tax status: tax ID and tax residence

·         education and employment information: level of education, employment, employer’s name, and remuneration

·         financial data: bank account details, credit card number, money transfers, assets, investor profile, credit history, debts, and expenses and

·         other background data: information on criminal history or any unlawful conduct

 

Sharing Personal Data

We may share your Personal Data with certain parties, including:

·         administrators and their affiliates and other sub-processors

·         advisers and service providers (e.g., prime brokers, custodians, auditors, legal counsel, tax advisers, and employment service vendors)

·         affiliates, including their officers, directors, partners, or employees


We and the parties outlined above will process your Personal Data in order to:

·         provide administration or employment services

·         carry out money laundering, background, and criminal record checks

·         administer investments

·         market our products and services

·         improve relationships with you

·         exercise rights at law or under contract and

·         aid the prevention of money laundering and financial crime.


Please note that the administrators, advisers, and service providers work under a range of professional and legal obligations that require them to process personal data (e.g., anti-money laundering legislation). In order to meet the requirements of such obligations, they, from time to time, would not be acting on our instructions but instead in accordance with their own respective professional or legal obligations and therefore as data controllers in their own right with respect to such processing. For more specific information or requests in relation to the processing of personal data by these parties, you may also contact the relevant parties at the address specified in the relevant offering document or by visiting their websites.

Bardin Hill and the parties outlined above will collect and process your Personal Data where necessary or appropriate. Where we share your Personal Data with a third party, we require the recipients to implement adequate measures to protect it.

Your Personal Data may also be shared with law enforcement agencies, regulatory or tax authorities, and other governmental or public agencies or authorities in order to comply with our legal or regulatory obligations or at their request in furtherance of their objectives.

A Bardin Hill fund, the administrator, and the investment manager will not be able to accept your subscription to the such fund without processing your Personal Data for the purposes identified within the “Lawful Basis for Processing Personal Data section” below.

 

Collecting Personal Data

We collect this Personal Data in various ways, including:

·         directly from the Data Subject (e.g., when you voluntarily submit information on a face-to-face basis or remotely via email or other written correspondence) and

·         indirectly from other sources (e.g., from public records or from a counterparty in possession of the data).

 

The Lawful Basis for Processing Personal Data

We use your Personal Data for a variety of reasonable and legitimate business purposes, including:

·         complying with legal or regulatory obligations, such as our obligations regarding know-your-client, anti-money laundering, criminal record, and other background checks, and

·         performing the terms of a contract with you or to take steps at your request before entering into a contract, including to:

o   provide you with information regarding products or services offered by Bardin Hill and its service providers

o   assist you and answer your requests and

o   evaluate whether we can offer you a product or service and under what conditions.


We also use your Personal Data for other purposes, such as:

·         communicating with individuals

·         performing activities relating to client management, financial management, and administration

·         creating, improving, and developing our products and services

·         conducting market research, surveys, and similar inquiries to help us understand trends, clients, and the needs of visitors to our offices

·         reviewing and resolving disputes and security issues

·         monitoring and auditing compliance with internal policies and procedures and legal obligations and to meet requirements and orders of regulatory authorities and

·         processing and considering applications for employment, including evaluating and confirming suitability for the position and accuracy of information submitted.

We will not use your Personal Data for purposes inconsistent with this Privacy Notice without your permission.

 

Retaining Personal Data

We will keep Personal Data for as long as is necessary for the purposes for which we collect it. The precise period will depend on the purpose for which we hold your information. In addition, as a regulated financial services institution, certain laws and regulations require Personal Data be retained for minimum periods.


Keeping Your Personal Data Current

We endeavor to keep your Personal Data accurate and up to date. However, you are responsible for, and we kindly request that you inform us of, any changes to your Personal Data, including changes in your contact details.


Security Measures

To protect your personal information from unauthorised access and use, we apply organisational and technical security measures in accordance with applicable laws and regulations. These measures include computer safeguards and secured files and buildings.

We will notify you of any material personal data breaches affecting you in accordance with the requirements of applicable laws and regulations.

General Data Protection Regulation – Residents of the EEA and UK

Certain information contained within this Privacy Notice applies to individuals resident (Data Subjects) in the European Economic Area and the United Kingdom and is provided in line with the General Data Protection Regulation (GDPR) and secondary or domestic laws implementing the foregoing (together, Data Protection Legislation). The Data Protection Legislation prescribes the way companies, funds, and/or their agents and service providers (including administrators) may collect, retain, and handle personal information.

Transferring Your Personal Data Outside of EEA and UK

Bardin Hill transfers your information to entities within countries that provide a different level of data protection from the EEA/United Kingdom, including the United States. In such circumstances, we will take measures designed to protect your information in accordance with GDPR. These measures may include, as applicable, entering into data transfer agreements containing standard contractual clauses adopted by the European Commission or the international data transfer agreements in the form issued by the UK Information Commissioner’s Office with the data importers.  


Processing Your Personal Data: Your Rights

European Data Subjects have various rights under the Data Protection Legislation in relation to the Personal Data Bardin Hill collects about you and processes, including:

·         the right to request access to your Personal Data

·         the right to have your Personal Data rectified

·         the right to have your Personal Data erased in certain circumstances

·         the right to request that your Personal Data is only used for restricted purposes;

·         the right to object to your Personal Data being processed

·         the right, in some circumstances, to require certain of your Personal Data to be transferred to you or a third party and

·         the right to lodge a complaint with the relevant data regulator in your jurisdiction.

With regards to the rights afforded to EEA/UK Data Subjects, if you object to your Personal Data being used to contact you in respect of prospective products and services, please email us at privacy@bardinhill.com. As an EEA/UK Data Subject you may also have the right to file a complaint about the processing of your Personal Data with your local data protection authority in the EU or, if you are resident in the United Kingdom, the UK Information Commissioner’s Office.

With regards to the rights afforded to EEA/UK Data Subjects, you will not have to pay a fee to access your Personal Data or to exercise any of the other rights. However, we reserve the right to charge a reasonable fee if your request for access is manifestly unfounded or excessive.

Additional Information under the Cayman Islands Data Protection Act (2021 Revised) (“DPA”)

Bardin Hill may share your personal information with its administrators, advisers and service providers, affiliates, or others who are located outside the Cayman Islands. It may also be necessary to share your information with the Cayman Islands Monetary Authority or the Tax Information Authority, which may, in turn, exchange this information with foreign tax authorities, regulatory or law enforcement agencies. Any transfer of your personal data by us, our affiliates or service providers outside the Cayman Islands will be carried out in accordance with the DPA.

You may have certain rights under the DPA, including: (i) the right to be informed; (ii) the right of access; (iii) the right to rectification; (iv) the right to stop or restrict processing; (v) the right to stop direct marketing; (vi) rights in relation to automated decision making; (vii) the right to seek compensation; and (viii) the right to complain to the supervisory authority. A complaint with respect to Bardin Hill may be lodged with the Office of the Ombudsman in the Cayman Islands. Please use the contact us at privacy@bardinhill.com if you wish to exercise these rights.

Notice for California Consumers

This section of the Privacy Notice applies to Data Subjects resident in California. It contains disclosures required by the California Consumer Privacy Act, as amended by the California Privacy Rights Act, (collectively, the "CCPA") and applies to the collection and use of "Personal Information" subject to the CCPA. Californian Personal Information includes any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

Information We Collect.  In the past 12 months, we have collected and disclosed for a business purpose the following categories of Personal Information: