Privacy Notice | Gryphon Investors

WEBSITE PRIVACY POLICY

Visitors that are residents of California should refer to our California Website Privacy Policy supplement.

Visitors that are residents of the United Kingdom, the European Union or the European Economic Area should refer to our EU Privacy Notice supplement.

Our commitment to privacy

Your privacy is important to Gryphon Advisors, LLC and its affiliates (together, “Gryphon,” “our,” “us,” “we” or “company”). To better protect your privacy, we are providing information explaining our online information practices.

This Website Privacy Policy (this “Privacy Policy”) describes how we gather and use information for visitors of this website and its sub-pages (the “Site”). Please read this Privacy Policy carefully. If you do not agree with any of the terms and conditions contained herein, please do not access or otherwise use the Site.

This Privacy Policy has been established to inform you of our practices for collecting, using, maintaining, protecting and disclosing information that we obtain from you in connection with your use of the Site, whether through a personal computer, mobile device or otherwise. By entering and using the Site, you acknowledge your acceptance of, and agree to be bound by, this Privacy Policy, our Terms of Use and all additional terms incorporated by reference herein. If you do not agree to this Privacy Policy, please do not access or use the Site.

What is personally identifiable information?

Personally identifiable information (“PII”) is information about an individual, which may include first and last name, physical street address, email address, telephone number, Social Security number, payment card information, birth date, employment history, veteran status, certain health related data, passport information and photographs or any other information that permits a specific individual to be contacted physically or online or otherwise personally identified. PII does not include aggregated information that does not allow a person in possession of such information to identify you individually.

The information we collect and how we use it

We may collect various types of information from users of the Site. For example, knowing how users use the Site – tracking their movement through the Site – helps us improve website design and usefulness. As a result, Gryphon’s server collects general data pertaining to users, including the length of time spent on the Site, the pages accessed while visiting the Site and Internet Protocol (IP) addresses. Gryphon generally does not, however, collect any PII such as names, home addresses or email addresses from users of the Site, unless a user submits such information to us via our “Contact Us” page. In addition, when you use the Site a “cookie” may be used, as further described below.

To the extent that you provide us with any PII through or in connection with the Site, we may use such information for Gryphon’s business purposes, but will not disclose any PII about you to anyone, except as permitted or required by law or regulation and to service providers. In providing PII to Gryphon, you consent to Gryphon’s use of such PII for the purposes described in this Privacy Policy.

Capacity

You represent to Gryphon that you have the authority to visit the Site according to the Terms of Use. The Site is only intended for individuals who are at least 18 years of age. We do not knowingly encourage or solicit visitors to the Site who are under the age of 18 or knowingly collect personal information from anyone under the age of 18 without parental consent. If we learn we have collected or received PII from an individual under the age of 18, we will delete that information.

Cookies

Information regarding how you access the Site (e.g., browser type, access times and Internet Protocol (IP) address) and your hardware and software is automatically collected through the use of “cookies” (a small data file placed on the hard drive of your computer) or other technologies or tools. This information is used to improve website performance and for our business purposes. Where cookies are not necessary for us to provide the products or services you have requested or for the functioning of the Site, we will ask you to consent to their use. You may opt-in to accept cookies automatically by changing the settings on your browser. If you opt-out of certain cookies, you may not be able to access certain parts of the Site. You may wish to visit www.aboutcookies.org, which contains comprehensive information about types of cookies, how they are used and how you manage your cookie preferences.

You may access any PII we have about you by contacting Gryphon’s Chief Compliance Officer at compliance@gryphoninvestors.com.

Security

We implement security measures designed to protect any PII submitted by or collected from you from unauthorized access. We further protect your PII from potential security breaches by implementing certain technological security measures in accordance with generally accepted industry practices. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using the Site, you acknowledge that you understand and agree to assume these risks.

Notification of changes

We reserve the right to amend this Privacy Policy from time to time and for any reason, in our sole discretion, without notice, by updating this Privacy Policy. Accordingly, users are strongly encouraged to review our Privacy Policy regularly. If we decide to change our Privacy Policy, we will post those changes so our users are always aware of what information we collect, how we use it and under what circumstances, if any, we disclose it. If at any point we decide to collect personal information or use any collected information in a manner different from that stated at the time it was collected, we will notify users by posting changes on this page. We will use information only in accordance with this Privacy Policy under which the information was collected. Your continued access or use of the Site following the posting of changes to this Privacy Policy means that you accept such revisions, changes and/or amendments. If you object to any of the changes to this Privacy Policy, please stop accessing the Site. Please check this page frequently and review any changes to this Privacy Policy carefully so you are aware of any changes, as they are binding on you.

Unsubscribe, Access, Questions and Further Information:

You will have an opportunity to unsubscribe from our marketing email communications whenever such email communications are sent.

Data Retention

We may retain PII we collect from you and PII you provide to us in connection with our internal record-keeping policies and as reasonably necessary to comply with our legal obligations and regulatory requirements, resolve disputes, prevent fraud or abuse and enforce our Privacy Policy and Terms of Use.

Notwithstanding the foregoing, information we collect from you and information you provide to us may be retained for a limited period of time if requested by a governmental authority.

Links

The Site may contain links or references to other websites outside of our control. Please be aware that we have no control over these sites and this Privacy Policy does not apply to these sites. We encourage you to read the privacy policies/statements and terms and conditions of linked or referenced sites that you enter.

Miscellaneous

The provisions in our Terms of Use are hereby incorporated by reference.

Contact us

If you have any questions or concerns about this Privacy Policy, please contact Gryphon’s Chief Compliance Officer at compliance@gryphoninvestors.com.

CALIFORNIA WEBSITE PRIVACY POLICY

Last Modified: November 2022

This California Website Privacy Policy supplements the Website Privacy Policy with respect to specific rights granted under the California Consumer Privacy Act of 2018, as amended (the “CCPA”), to natural person California residents and provides information regarding how such California residents can exercise their rights under the CCPA. This supplement is only relevant to you if you are a resident of California as determined in accordance with the CCPA. Information required to be disclosed to California residents under the CCPA regarding the collection of their personal information that is not set forth in this CCPA supplement is otherwise set forth in the Website Privacy Policy. To the extent there is any conflict with the privacy requirements under the Gramm-Leach-Bliley Act and/or Regulation S-P (“GLB Rights”), GLB Rights shall apply.

What does this California Website Privacy Policy apply to?

This California Website Privacy Policy applies solely to your interactions with us through our Website (as defined below). If you provide personal information to us through another means (e.g., as an employee or seeking employment, as a client or as an investor), you will receive a separate privacy notice and that notice will govern that personal information.

What information do we collect about you?

We collect limited types of personal information through our website and investor reporting portals,as well as through other electronic communications (e.g., emails), as applicable (collectively, our “Website”). The types of personal information we collect about you depends on the nature of your interaction with us. The categories of personal information we have collected from individuals on our Website over the last twelve (12) months include the following:

Identifiers, such as name, contact details and address (including physical address, email address and Internet Protocol address), and other identification (including social security number, passport number and drivers’ license or state identification card number);
Other customer records, such as telephone number, signature, bank account number, other financial information (including accounts and transactions with other institutions and information collected to conduct anti-money laundering checks), and verification documentation and information regarding investors’ status under various laws and regulations (including social security number, tax status, income and assets);
Protected classification characteristics under California or federal law, such as date of birth, citizenship and birthplace;
Commercial information, such as account data and other information contained in any document provided by investors to authorized service providers (whether directly or indirectly), risk tolerance, transaction history, investment experience and investment activity, information regarding a potential and/or actual investment in the applicable fund(s), including ownership percentage, capital investment, income and losses, source of funds used to make the investment in the applicable fund(s); and
Internet or other electronic network activity information, such as information regarding your use of our website, fund data room and investor reporting portal (e.g., cookies, browsing history and/or search history), as well as information you provide to us when you correspond with us in relation to inquiries.

We do not knowingly collect or solicit personal information from anyone under the age of 18.

How do we obtain your personal information?

In connection with forming and operating our Website, we collect and maintain your non-public personal information from the following sources:

Information from your communications with us in connection with our Website, including any update notices provided by you.
Information captured on our Website, including registration information, information provided through online forms and any information captured via cookies.

We may combine personal information that you provide to us with information that we collect from or about you from publicly available sources. This will include information collected in an online or offline context.

How do we use your personal information?

We will use your personal information for one or more of the following business purposes:

To perform services for you;
To improve our Website and the products and services that we offer and notify you about changes to our products and services;
To communicate with you, including responding to requests for information submitted by you through our Website;
To keep a record of your relationship with us;
Ongoing operations, administrative, accounting, reporting, account maintenance and other processes;
To audit and verify the quality and effectiveness of our services and compliance;
To detect security incidents and to protect against malicious, deceptive, fraudulent or illegal activity; and
To generally comply with U.S., state, local and non-U.S. laws, rules and regulations.

Who do we share your personal information with?

We do not sell any of the personal information we collect about you to third parties.

We do not disclose any non-public personal information about you to anyone, except as permitted or required by law or regulation and to affiliates and service providers, including, but not limited to, administrators,lenders, banks, auditors, law firms, state and federal governmental agencies or pursuant to legal process, regulatory entities, self-regulatory organizations, consultants, third-party due diligence providers and placement agents. We may also disclose your information to other parties as may be required by law or regulation, or in response to regulatory inquiries.

Within the last twelve (12) months, we have shared each of the categories of personal information collected in connection with our Website with affiliates and service providers as set forth above in the“What information do we collect about you?” section, above.

We may also share your personal information with applicable third parties in the event of a reorganization, merger, sale, acquisition, assignment, bankruptcy proceeding or other disposition of all or a portion of our business, assets or shares.

How do we keep your personal information secure?

We consider the protection of sensitive information to be a sound business practice, and to that end we employ appropriate organizational, physical, technical and procedural safeguards, which seek to protect your personal information in our possession or under our control to the extent possible from unauthorized access and improper use.

Your rights under the CCPA

Deletion Rights: You have the right to request that we delete any of your personal information that we retain, subject to certain statutory exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations. We will notify you in writing if we cannot comply with a specific request and provide an explanation of the reasons.

Disclosure and Access Rights: You have the right to request that we disclose to you certain information regarding our collection, use, disclosure and sale of personal information specific to you over the last twelve (12) months. Such information includes:

The categories of personal information we collected about you;
The categories of sources from which the personal information is collected;
Our business or commercial purpose for collecting such personal information;
Categories of third parties with whom we share the personal information;
The specific pieces of personal information we have collected about you; and
Whether we disclosed your personal information to a third party, and if so, the categories of personal information that each recipient obtained.

No Discrimination: We will not discriminate against you for exercising your rights under the CCPA, including by denying service, suggesting that you will receive, or charging, different rates for services or suggesting that you will receive, or providing, a different level or quality of service to you.

How to Exercise Your Rights: To exercise any of your rights under the CCPA, or to access this notice in an alternative format, please submit a request using any of the methods set forth in the “Contact us” section, below.

Contact us

For any requests relating to the exercise of your rights under the CCPA, or questions regarding our processing of your personal information, please submit or have your authorized representative submit a request using any of the methods set forth below.

Call us using the following toll-free number: (866) 385-0102.

Submit a request online using the following online form: Contact Us.

Email us at the following email address: compliance@gryphoninvestors.com.

We will contact you to confirm receipt of your request under the CCPA and request any additional information necessary to verify your request. We verify requests by matching information provided in connection with your request to information contained in our records. Depending on the sensitivity of the request and the varying levels of risk in responding to such requests (for example, the risk of responding to fraudulent or malicious requests), we may request further information or your investor portal access credentials, if applicable, in order to verify your request. You may designate an authorized agent to make a request under the CCPA on your behalf, provided that you provide a signed agreement verifying such authorized agent’s authority to make requests on your behalf, and we may verify such authorized person’s identity using the procedures above.

Our goal is to respond to any verifiable consumer request within forty-five (45) days of our receipt of such request, but in certain cases, additional time might be required. Please contact the Chief Compliance Officer of Gryphon Advisors, LLC at compliance@gryphoninvestors.com with any questions about this California Website Privacy Policy.

EU WEBSITE PRIVACY POLICY

Last Modified: November 2022

Our commitment to privacy

This EU Website Privacy Policy describes how we gather and use information for visitors of this website, or investors who use our online investor portal, in each case, that are from the United Kingdom (“UK”), the European Union (“EU”) or the European Economic Area (“EEA”), and supersedes the Website Privacy Policy with respect to UK, EU and EEA users, as applicable. Please read this EU Website Privacy Policy carefully.

For the purposes of applicable EU and UK laws, Gryphon and its affiliated general partners and managing members will each be a data controller of any personal data collected by us. If you have any questions regarding our use of your personal data, or this EU Website Privacy Policy, please contact the Chief Compliance Officer of Gryphon at compliance@gryphoninvestors.com.

We rely on various legal bases under applicable data protection legislation in order to process your personal information (e.g., name, title, address, email, marital status, date of birth, IP address, financial data, username, password, etc.), including our legitimate interests, contractual necessity and as required by law. We use the personal information we collect to operate our business and provide you with the services and products we offer and perform essential business operations. We do not collect any special categories of personal information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If we require your personal information due to a legal requirement or obligation or in order to perform a contract with you, we will make you aware of this at the time we collect your personal data, and the possible consequences of you failing to provide this personal data. Failure to provide this information means that we cannot provide our services or products to you). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

Further information about the legal bases under which we process your personal information is included in the “Why we use your personal information” section, below.

You do not need to take any action as a result of this UK Website Privacy Policy, but you do have certain rights as described below in the “Your rights” section, below.

How we obtain your personal information

Information you provide to us

We collect your personal information when you decide to interact with us and we only collect the information necessary to carry out our business for the purposes set out below. You can provide us with personal information via online form, email, post, telephone and this website and when you log into the investor online portal.

Information provided by third parties or publicly available sources

We also process information in relation to companies that we are evaluating in connection with a potential investment in or purchase of such companies. In this situation, your personal data will be provided to us by third parties involved in that potential transaction (including the target of any investment).

Why we use your personal information

To the extent that you provide us with any personal information, through or in connection with this website (i.e., via online form, telephone, email or post) or the investor online portal, we may use such information for the following purposes:

Purpose	Legal Basis
To provide you with the services or products you have requested.	Contractual necessity
To keep a record of your relationship with us.	Legitimate interest
To verify your identity.	Legal requirement
To conduct due diligence activities in connection with an actual or prospective corporate transaction or investment with respect to which we are party to.	Legitimate interest
Fraud and abuse prevention.	Legitimate interest
Litigation management and conducting internal audits and investigations.	Legitimate interest
To administer and protect our business and this website.	Legitimate interest
To make suggestions and recommendations to you about goods or services that may be of interest to you.	Legitimate interest

No automated decision-making, including profiling, is used when processing your personal information.

Marketing

We may send you direct marketing communications to keep you informed of our products and services in which you might be interested either where we have obtained your prior consent or based on our legitimate business interests where we have an existing relationship with you and we wish to contact you about similar products or services in which you may be interested. You may opt-in to certain kinds of marketing, and all forms of marketing at any time, by contacting the Chief Compliance Officer of Gryphon at compliance@gryphoninvestors.com. You can also click on the “opt-out”/unsubscribe link provided in our marketing emails, if applicable, or by contacting the Chief Compliance Officer of Gryphon at compliance@gryphoninvestors.com.

Disclosure and transfer of personal information

Unfortunately, the transmission of information and data via the Internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of any information or data transmitted to or through this website; any transmission of information or data by you to or through this website is at your sole risk.

Your personal information will be shared with and processed by our affiliates and certain service providers as necessary to fulfil the purposes set out in this EU Website Privacy Policy, including, but not limited to, consultants, recruitment firms, placement agents and data hosting providers. We seek to ensure that anyone who provides a service to, or for us, involving personal data enters into an agreement with us and meets our standards for data security. To the extent your personal information is transferred to countries outside of the EEA or UK, such transfers will only be made in accordance with applicable data privacy laws. For further information about the safeguards/derogations used, please contact the Chief Compliance Officer of Gryphon at compliance@gryphoninvestors.com.

We reserve the right to disclose your personal information as required by law, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator, national security, for the purposes of public importance or any other legal or investigatory process involving us. Should we, or any of our affiliated entities, be the subject of a takeover, divestment or acquisition, we may disclose your personal information to the new owner of the relevant business and their advisors on the basis of our legitimate interest.

Security and retention of personal information

We are committed to protecting the personal information you entrust to us. We adopt robust and appropriate technologies and policies, so the information we have about you is protected to the extent possible from unauthorized access and improper use. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

We will keep your personal information only for as long as is reasonably necessary for the purposes set out in this EU Website Privacy Policy, unless a longer retention period is required by law. We will not keep more information than we need for those purposes. For further information about how long we will keep your personal information, please contact the Chief Compliance Officer of Gryphon at compliance@gryphoninvestors.com.

Capacity

This website is only intended for individuals who are at least 18 years of age. We do not knowingly encourage or solicit visitors to this website who are under the age of 18 or knowingly collect personal information from anyone under the age of 18 without parental consent. If we learn we have collected or received personal information from an individual under the age of 18, we will delete that information.

Cookies

Information regarding how you access this website (e.g., browser type, access times and Internet Protocol (IP) address) and your hardware and software is automatically collected through the use of cookies (a small text file placed on your hard drive) or other technologies or tools. This information is used to improve website performance and for our business purposes. Where cookies are not necessary for us to provide the products or services you have requested or for the functioning of this website, we will ask you to consent to their use. You may opt-in to accept cookies automatically by changing the settings on your browser. If you opt-out of certain cookies, you may not be able to access certain parts of this website. You may wish to visit www.aboutcookies.org, which contains comprehensive information about types of cookies, how they are used and how you manage your cookie preferences.

Your rights

You have the right to access the personal information we hold about you, and there are a number of ways you can control the way in which and what information we store and process about you. To exercise these rights and controls, please contact the Chief Compliance Officer of Gryphon at compliance@gryphoninvestors.com.

Access: You have the right to ask for a copy of the personal information that we hold about you free of charge; however, we may charge a “reasonable fee,” if we think that your request is excessive, to help us cover the costs of locating the information you have requested.
Correction: You may notify us of changes to your personal information if it is inaccurate or it needs to be updated.
Deletion: If you think that we should not be holding or processing your personal information any more, you may request that we delete it. Please note that this may not always be possible due to legal obligations.
Restrictions on use: You may request that we stop processing your personal information (other than storing it), if: (i) you contest the accuracy of it (until the accuracy is verified); (ii) you believe the processing is against the law; (iii) you believe that we no longer need your data for the purposes for which it was collected, but you still need your data to establish or defend a legal claim; or (iv) 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; (ii) for research or statistical purposes; or (iii) where processing is based on legitimate interests.
Portability: If you wish to transfer your personal information to another organization (and certain conditions are satisfied), you may ask us to do so, and we will send it directly if we have the technical means.
Withdrawal of consent: If you previously gave us your consent (by a clear affirmative action) to allow us to process your personal information for a particular purpose, but you no longer wish to consent to us doing so, you can contact us to let us know that you withdraw that consent.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Notification of changes

We reserve the right to amend this EU Website Privacy Policy from time to time by updating this EU Website Privacy Policy. If we decide to change our EU Website Privacy Policy, we will post those changes so our users are always aware of what information we collect, how we use it and under what circumstances, if any, we disclose it. If at any point we decide to collect personal information or use any collected information in a manner different from that stated at the time it was collected, we will notify applicable users. We will use information only in accordance with this EU Website Privacy Policy under which the information was collected.

Contact us

If you have any questions or concerns about this EU Website Privacy Policy, please contact the Chief Compliance Officer of Gryphon at compliance@gryphoninvestors.com.

Complaints

Should you wish to lodge a complaint with regards to how your personal information has been processed by us, please contact your local supervisory authority. In the UK, this is the Information Commissioner’s Office – https://ico.org.uk/global/contact-us.