Privacy Statement for Individuals

As a Silverpeak investor and/or prospective investor, your privacy is important to us. Reflecting our commitment to protecting the privacy of your personal information, we have implemented privacy policies consistent with federal guidelines for financial institutions. We have also adopted policies and procedures designed to help ensure the security and confidentiality of your records and information. This notice is being provided to you in accordance with federal regulations regarding the privacy of consumer financial information. Please take the time to read and understand the privacy policies and procedures that we have implemented to safeguard your non-public, personal information.

INFORMATION WE COLLECT

In order to help us provide the best level of service and meet our clients' financial needs, Silverpeak may collect certain personally identifiable financial information about you from the following sources:

• Applications or other forms, including subscription agreements and related documents, you may have completed for Silverpeak and predecessors (including information such as your name, address, social security number, and income);
• Your transactions with us, our affiliates, or others (including information such as account balances and capital contributions); and
• Web sites that may ask for site visitor and other information.

INFORMATION WE DISCLOSE

Silverpeak does not disclose any non-public, personal information about our current or former clients or investors to anyone, except as permitted or required by law, or as necessary to provide services to you.

In the normal course of business (but not for marketing purposes), we may disclose certain information described above, to certain affiliated or non-affiliated third parties such as, but not limited to, our affiliated companies, attorneys, accountants, auditors, and persons or entities that are assessing our compliance with industry standards.

Silverpeak may disclose the information described above to nonaffiliated third parties as permitted by law, for example, to comply with a subpoena, respond to a regulatory authority or to protect against fraud. Silverpeak may also disclose such information in response to a specific authorization from you.

Federal law gives you the right to limit only: (i) sharing for affiliates’ everyday business purposes information about your creditworthiness, (ii) affiliates from using your information to market to you, and (iii) sharing for non-affiliates to market to you. State laws may give you additional rights to limit sharing.

CONFIDENTIALITY AND SECURITY

To guard client and investor information, we maintain physical, cybersecurity, computer (IT), and procedural safeguards that comply with federal standards to guard your non-public, personal information. We restrict access to non-public, personal information about you to those employees who need to know that information in order to perform their job responsibilities. Employees who have access to client or investor information must adhere to our strict security and confidentiality policies.

CONTACT INFORMATION

If you have any questions about this Privacy Policy, please contact Silverpeak Investor Relations via phone (+1.212.716.2060).

Privacy Policy for Individuals in the EEA, Switzerland and the UK

The privacy of your personal data is important to us. As our Silverpeak investor and/or prospective investor located in the European Economic Area (EEA), Switzerland or the UK, we would like to inform you about our processing of your personal data by way of this privacy notice in accordance with European data protection laws.

INFORMATION WE COLLECT

“Personal data” is information about you (a “data subject”) the use of which is governed by applicable data protection laws. It will include any information from which you can be identified, directly or indirectly. 

In order to help us provide the best level of service and meet our clients' needs, Silverpeak may collect personal data about you from the following sources:

• Applications or other forms, including subscription agreements and related documents, you may have completed for Silverpeak and predecessors (including information such as your name, address, social security number, income information);
• Your transactions with us, our affiliates, or others (including information such as account balances and capital contributions); 
• Your communications with us (including information such as your requests, complaints and feedback, as well as information about your family members and third parties which you hereby declare you are authorised to share with us); 
• Web sites and investor portals (including information such as your online activity, preferences, clickstream and device data); and
• Third part sources (including information such as tax information and background checks).

HOW DO WE USE YOUR INFORMATION?

We use your personal data in accordance with the law in order to administer our platforms, provide our services, deal with your enquiries and complaints, detect and prevent crime, send you service notifications and inform you about our services, provide technical support, manage invoicing, financial matters and customer due diligence, carry out trend analysis and business development and comply with the law.

We will process your personal data as is necessary to perform your contract with us. We may also rely on our legitimate interest to process your personal data, for example to ensure the efficiency, reliability and security of our services and platforms, to develop our business taking into account your interaction with our services and customer feedback, and to ensure the proper and efficient administration of our business. We will seek your consent where required by law. Finally, we will process your personal data where we are required to do this by law, or as otherwise permitted by law.

WHEN DO WE DISCLOSE YOUR INFORMATION?

Silverpeak may share your personal data in accordance with the law with our technology providers and other third party providers who help us provide our services to you. This may also include various providers, lawyers, auditors and other consultants who help us operate our business efficiently and in compliance with the law and industry standards. If we decide to sell or restructure our business, we may disclose your personal data to our advisers and any prospective owners of the business and their advisers.

Silverpeak may disclose your personal data to comply with a court order, respond to a regulatory authority or to comply with the law. Silverpeak may also disclose your information as permitted by law, to protect against fraud, or in response to a specific authorization from you.

We may share your personal data for marketing purposes with our group companies subject to your consent or as otherwise permitted by law.

INTERNATIONAL DATA TRANSFERS

Most of our services are provided under your contract with our US subsidiaries. In those cases, you will provide your information directly to them. However, there may be limited cases where you provide information to our subsidiaries in the EEA. In those cases, we may transfer your personal data to our group companies, suppliers and advisers located outside your country including the US. We will ensure adequate protection of personal data as required under applicable laws. For example, we may enter into model clauses approved by the European Commission with the recipient, and you may contact us for a copy of these safeguards.

HOW LONG DO WE KEEP YOUR PERSONAL DATA?

Silverpeak will retain your personal data for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements and Silverpeak’s legitimate interests in maintaining such personal data in its records. This will normally include any period during which Silverpeak is dealing or expects to deal with you and what Silverpeak considers to be a suitable period thereafter for internal record-keeping purposes. In doing this Silverpeak will have regard to the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which Silverpeak processes your personal data and whether those purposes can be achieved through other means, and the applicable legal requirements. Generally, Silverpeak will keep information relevant to its dealings with you for 10 years following full redemption.

In some circumstances your personal data may be anonymised so that it can no longer be associated with you, in which case it is no longer personal data.

Once Silverpeak no longer requires your personal data for the purposes for which it was collected, it will securely destroy your personal data in accordance with applicable laws and regulations.

CONFIDENTIALITY AND SECURITY

We implement appropriate technical and organisational measures to safeguard your personal data. We restrict access to your personal data to those employees who need to know that information in order to perform their job responsibilities. Employees who have access to client or investor information must adhere to our strict security and confidentiality policies.

YOUR RIGHTS

Data subjects may ask us for a copy of their information, to correct it, erase it or to transfer it to other organisations, where applicable, at their request. Data subjects also have the right to object to some processing including profiling or direct marketing. Where we have asked for their consent to process data, for example, for direct marketing purposes, they may withdraw their consent at any time. Where a data subject withdraws their consent, this will not affect the legitimacy of the processing conducted prior to your request. Where we process data because we have a legitimate interest in doing so (as explained above), the data subject has a right to object to this. Where we make a decision based solely on automated processing which significantly affects the data subject, he or she may have the right to contest the decision, express his or her point of view and obtain human intervention. These rights may be limited in some situations – for example, where we can demonstrate that we have a legal requirement to process your data.

We will aim to acknowledge your enquiries within 72 hours and respond within one month, unless otherwise required by law. We hope that we can satisfy queries you may have about the way we process your data. However, if you have unresolved concerns you also have the right to complain to your local data protection authority.

CONTACT INFORMATION

If you have any questions about this Privacy Policy, please contact Silverpeak Investor Relations via phone (+1 212-716-2060).