CONTRARIAN CAPITAL MANAGEMENT LLC
PRIVACY NOTICE
Last Updated: January 2023
Note for California Residents: This Privacy Notice describes how we process your Personal Information and your rights and choices over our processing. Please see Section X below for specific details on your rights under California law.
Note for Residents of the European Economic Area, Switzerland, and the United Kingdom. Please see Section XI below for specific details on your rights under applicable law.
I. Introduction
This document (“Privacy Policy”) describes how we process your Personal Information.
By accessing, visiting or using the Service, you acknowledge your understanding of this Privacy Policy. If you do not agree with the contents of this Privacy Policy, you should not access, visit and/or use the Service.
This Privacy Policy may be modified at any time without prior notice to you. Your continued access, visitation and/or use of the Service will constitute your acceptance of any changes or revisions to this Privacy Policy.
II. Definitions of Terms Used in this Policy
“CCPA” means the California Consumer Privacy Act of 2018, Cal. Civil Code § 1798.100 et seq. and its implementing regulations.
“Device” means any computer, tablet, mobile phone, or any other device capable of accessing the Service.
“GDPR” means, collectively, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the United Kingdom’s Data Protection Act of 2018, and Swiss Federal Data Protection Act of 19 June 1992, as revised.
“Personal Information” means 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, Device, or household. Anonymous, de-identified, or aggregate information is not Personal Information.
“Sensitive Personal Information” means personal information that reveals (a) consumer’s Social Security or other state identification number; (b) a consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (c) consumer’s geolocation; (d) consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership; (e) the contents of a consumer’s mail, email, or text messages, unless the business is the intended recipient of the communication; and (f) consumer’s genetic data. In addition, “sensitive personal information” includes processing of biometric information for purposes of identifying a consumer; personal information collected and analyzed concerning a consumer’s health, and personal information collected and analyzed concerning a consumer’s sex life or sexual orientation.
“Service” means the utilization of the Contrarian opportunistic and special situation investment platform (the “Site”), and each website, mobile site, application, email/text/SMS campaign, event, and/or other activity, offering, or publication provided by us, and any other action taken by us in relation to the Site or your use of the Site.
“Service Provider” has the same meaning as set forth in the CCPA, which in general means a for-profit legal entity to whom we disclose Personal Information for processing on our behalf for a “business purpose” (as defined in the CCPA) pursuant to a written contract.
“Special Categories Personal Information” has the same meaning as set forth in the GDPR, which generally includes, subject to certain exceptions, personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.
“Third-Party Business” means any third party unaffiliated with us to whom we disclose Personal Information for their own purposes.
“We,” “Us,” “Our” and "Contrarian," whether capitalized or not, means Contrarian Capital Management, LLC, its subsidiaries and affiliates (collectively referred to herein as “Contrarian”).
“You” or “Your,” whether capitalized or not, means all those who access, visit and/or use the Service.
III. Categories of Your Personal Information that We May Acquire
We may collect, obtain or otherwise acquire the following types of Personal Information about you, and we may make and retain inferences drawn from such information:
Title | Example |
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Identifiers | Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address or other similar identifiers |
IV. How We Source Your Personal Information
From Personal Information You Provide. We may receive Personal Information directly provided by you. For example, through registering with us or setting up a customer account/profile, you may be asked or prompted to provide identifiers.
V. How We Use Your Personal Information
Processing Your Requests. We use your Personal Information to process your requests for Services.
VI. Sharing of Your Personal Information with Third Parties.
Third Parties with Whom We May Share Your Personal Information. We may disclose your Personal Information to the following categories of third parties:
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Service Providers
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Affiliates
Service Providers. We may share your Personal Information with Service Providers that perform services for us, but only for the purpose of and to the extent necessary to perform those services.
Affiliates. We may share your Personal Information with our parent, subsidiaries, affiliates and other related entities, and our advisors, including our lawyers, consultants, accountants, and others, for all purposes described in this Section VII.
VII. Transfer of Your Personal Information Among Jurisdictions
Your Personal Information may be processed, transferred to, and maintained on, servers and databases located outside of the jurisdiction in which you are based and where the privacy laws may not be as protective as your jurisdiction. We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your data is adequately protected. For more information on the appropriate safeguards in place, please contact us at the details below.
VIII. Protection of Your Personal Information
Security Measures. We take reasonable security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, Personal Information.
No Liability for Breach. Because no security system is impenetrable, we cannot guarantee the security of your Personal Information. By using the Service, you agree to assume all risk in connection with your Personal Information. We are not responsible for any loss of such Personal Information or the consequences thereof.
Breach Notification. If we believe the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you subject to applicable laws and regulations governing such notifications.
IX. Notice to California Customers - Your Privacy Rights
Rights of California Residents. The CCPA grants residents of California certain rights with respect to their Personal Information.
California residents have the following rights under the CCPA:
- the right to know the categories of Personal Information we have collected about you;
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the right to know the categories of sources from which Personal Information is collected, sold or shared, and to whom;
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the right to know our business or commercial purpose for collecting, selling, or sharing your Personal Information;
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the right to know the categories of third parties to whom we business disclose your Personal Information;
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the right to request specific pieces of your Personal Information that we hold;
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the right to request the deletion of your Personal Information, subject to several exceptions;
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the right to opt out of the sale of your Personal Information;
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the right to request that we correct inaccurate Personal Information that we have about you;
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the right to request that we limit the use and disclosure of sensitive Personal Information collected about you; and
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the right to not be unlawfully discriminated against for exercising these rights.
We may take reasonable steps to verify your identity before fulfilling your request to know or delete. For example, we may seek to establish your identity by matching information that you submit alongside your request with information that we have on our records. We may also ask for supplemental information as needed to establish your identity.
Exercising Your Privacy Rights Under the CCPA. California residents, as well as Authorized agents seeking to submit requests on behalf of California residents and parents or guardians seeking to submit requests on behalf of their minors who are residents of California, may exercise the rights described below by contacting us at legal@contrariancapital.com or by calling us at (203) 862-8200.
You have the right to request that we delete or correct inaccurate Personal Information that we have collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will (and direct our service providers) to delete or correct your Personal Information from our records, unless an exception applies.
We may deny your deletion or correction request if retaining the information is necessary for us or our service provider(s) to:
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Complete the transaction for which we have collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
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Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
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Debug products to identify and repair errors that impair existing intended functionality.
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Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
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Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
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Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
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Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
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Comply with a legal obligation.
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Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
You have the right to request that we limit the use and the sharing of your Sensitive Personal Information to what is reasonably commercially necessary to perform our Services.
If you opt out of the sale of your Personal Information, we may still share your Personal Information with third parties if those transfers are not sales, such as with our Affiliates or our Service Providers.
Response Timing and Procedures
We endeavor to respond to a verifiable consumer request to correct inaccurate personal information, or delete personal information, within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.
The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Categories of Personal Information We Disclose
We may disclose your Personal Information to a third party for a business purpose. In the preceding 12 months, we have disclosed the following categories of Personal Information for a business purpose:
Do Not Track
California Business & Professions Code Section 22575(b) provides that California residents are entitled to know how a website operator responds to “Do Not Track” (“DNT”) browser settings. DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked, such as by third party ad networks, social networks and analytic companies. We do not currently take actions to respond to DNT signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a DNT standard once one is created. For information about DNT, visit All About DNT (https://allaboutdnt.com).
Shine the Light
California's “Shine the Light” law, Cal. Civil Code §1798.83, gives California customers the right to prevent our disclosure of their Personal Information to third parties for those third parties' direct marketing purposes, and requires certain businesses to respond to requests from California customers asking about the business' practices related to disclosing Personal Information to third parties for the third parties' direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose Personal Information of customers to third parties for the third parties' direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place.
Title | Example |
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Identifiers | Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address or other similar identifiers |
X. Notice to Residents of the European Economic Area (“EEA”), Switzerland and the UK
Purposes of Processing
We process your Personal Information to process your requests and to administer the Service.
Legal Basis for Processing
Under applicable data protection laws, we may only use your personal information if we have a proper reason for doing so, for example:
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to comply with our legal and regulatory obligations;
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for the performance of our contract with you or to take steps at your request before entering into a contract;
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for our legitimate interests or those of a third party; or
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where you have given consent.
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
The table below explains what we use (process) your personal information for and our reasons for doing so:
The above table does not apply to Special Category Personal Information, which we may only process with your explicit consent.
Transfers
Your Personal Information may be processed in or transferred to the U.S. or elsewhere in the world. We will ensure that transfers of Personal Information to a third country or an international organization are subject to appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your data is adequately protected. For more information on the appropriate safeguards in place, please contact the Data Protection Officer by email at legal@contrariancapital.com or as described at the end of this section.
Erasure and Restriction of Personal Data
Unless otherwise provided for in this data protection declaration for individual cases, your Personal Information may be erased if this data is no longer necessary for the purposes for which it was collected or was in any other way processed and if there are no legal obligations that require us to keep it. We will also erase your Personal Information processed by us upon request, in accordance with Art. 17 GDPR, if the conditions described therein are met. If your Personal Information is required for other legally permissible purposes, the data will not be erased, but its processing will be restricted in accordance with Art. 18 GDPR. In the event of a restriction, the data will not be processed for other purposes. This applies, for example, to Personal Information that we must keep for commercial or tax reasons.
Individual Rights
If you are a resident of the EEA, Switzerland or the United Kingdom, you are entitled to the following rights. Please contact our Data Protection Officer to exercise these rights by email at legal@contrariancapital.com or as described at the end of this section. In order to verify your identity, we may require you to provide us with Personal Information prior to accessing any records about you.
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Right to access and rectify your Personal Information. You have the right to obtain information about our processing of your Personal Information and a copy of your Personal Information that we store. You have the right to request that we update your Personal Information if it is inaccurate or incomplete.
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Right to request erasure of your Personal Information. You have the right to have your Personal Information erased from our systems if the Personal Information is no longer necessary for the purpose for which it was collected or you withdraw consent and no other legal basis for processing exists.
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Right to restrict our processing of your Personal Information. You have the right to restrict our processing if you contest the accuracy of the Personal Information we store about you, our processing is deemed unlawful and you oppose erasure of your Personal Information, or we no longer need the Personal Information for the purposes for which it was collected but we must store it to comply with our legal obligations.
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Right to portability of your Personal Information. You have the right to receive your Personal Information and to transmit it to another controller where our processing is based on consent you gave us and was carried out by automated means.
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Right to object to our processing of your Personal Information. You have the right to object to our processing where we process Personal Information based on legitimate interest.
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Right to lodge a complaint. You have the right to lodge a complaint about our collection and processing of your Personal Information to your Data Protection Authority. Contact details for Data Protection Authorities are available at https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
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Data Protection Officer. If you are a Data Protection Authority in the EEA or UK with questions about this Privacy Policy or the Service, please contact us directly by contacting our Data Protection Officer by email at legal@contrariancapital.com. Alternatively, you can contact our Data Protection Officer at the following address:
Data Protection Officer
411 West Putnam Avenue, Suite 425
Greenwich, CT 06830
legal@contrariancapital.com
Use | Reason |
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External audits and quality checks, e.g., for ISO or Investors in People accreditation and the audit of our accounts
| For our legitimate interests or a those of a third party, i.e., to maintain our accreditations so we can demonstrate we operate at the highest standards. To comply with our legal and regulatory obligations
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Marketing our services to: existing and former customers; third parties who have previously expressed an interest in our services; third parties with whom we have had no previous dealings
| For our legitimate interests or those of a third party, i.e., to promote our business to existing and former customers
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Updating or enhancing customer records
| For the performance of our contract with you or to take steps at your request before entering into a contract. To comply with our legal and regulatory obligations. For our legitimate interests or those of a third party, e.g., making sure that we can keep in touch with our customers about existing orders and new products
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Preventing unauthorized access and modifications to systems
| For our legitimate interests or those of a third party, i.e., to prevent and detect criminal activity that could be damaging for us and for you. To comply with our legal and regulatory obligations
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XI. Privacy Policy Coordinator
If you have any concerns or questions about any aspect of this Privacy Policy, please feel free to contact our Privacy Policy Coordinator by email or as follows:
Privacy Policy Coordinator
411 West Putnam Avenue, Suite 425
Greenwich, CT 06830
legal@contrariancapital.com
Please include your name, contact information, and the specific website, mobile site, application, and/or other service in your request.
Only inquiries about this Privacy Policy or your Personal Information should be sent to the Privacy Policy Coordinator. No other communications will be accepted or responded to.