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 fulfill 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 (and equivalent legislation in effect 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:
We respect the privacy of individuals, with respect to collecting, holding, storing, using, and processing your Personal Data, we:
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:
Sharing Personal Data
We may share your Personal Data with certain parties, including:
We and the parties outlined above will process your Personal Data in order to:
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:
The Lawful Basis for Processing Personal Data
We use your Personal Data for a variety of reasonable and legitimate business purposes, including:
We also use your Personal Data for other purposes, such as:
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 located (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.
Pursuant to Article 27 of the General Data Protection Regulation (GDPR), Bardin Hill has appointed European Data Protection Office (EDPO) as its GDPR Representative in the EU. You can contact EDPO regarding matters pertaining to the GDPR:
Pursuant to Article 27 of the UK GDPR, Bardin Hill has appointed EDPO UK Ltd as its UK GDPR representative in the UK. You can contact EDPO UK regarding matters pertaining to the UK GDPR:
Transferring Your Personal Data Outside of Europe
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 have processes designed to protect your information in accordance with GDPR.
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:
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 contact a representative of Bardin Hill known to you or 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:
Category | Examples | Collected | Disclosed for Business Purpose |
---|---|---|---|
Identifiers | A real name, alias, email address, postal address, Internet Protocol (IP) address, account name, Social Security number, driver’s license number, passport number, or other similar personal identifiers. | YES | YES |
Other personal information categories, as listed in the California Customer Records Statute | A signature, physical characteristics or description, telephone number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. | YES | YES |
Protected classification characteristics under California or federal law | Age (40 years or older), race, citizenship, marital status, sex, veteran or military status. | YES | YES |
Commercial information | Account activity, records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | YES | YES |
Biometric information | Fingerprints, faceprints, voiceprints, and iris or retina scans. | YES | NO |
Internet or other similar network activity | Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. | YES | NO |
Professional or employment-related information | Current or past job history or performance evaluations. | YES | YES |
Non-public education information (per the Family Educational Rights and Privacy Act) | Education records directly related to a student maintained by an educational institution or party acting on its behalf. | YES | YES |
Sensitive personal information | A consumer's SS, driver’s license, state ID card, or passport number; account log-in or debit/credit card number in combination with any access code, password, or account credentials; precise geolocation; racial/ethnic origin, religious/philosophical beliefs, or union membership; contents of mail, email, and text messages; genetic data; biometric information; PHI; or sex life or sexual orientation. | YES | YES |
Personal Information does not include information that is publicly available, de-identified/ aggregated, or subject to HIPAA or GLBA.
We collect Personal Information from the following categories of sources:
We do not knowingly collect, solicit or sell Personal Information from anyone under the age of 16 without the prior consent of a parent or guardian.
Purpose for Collection and Use of Personal Information.
The use of sensitive personal information is limited to only those purposes authorized under the CCPA.
Disclosing Personal Information. We may disclose Personal Information to:
In the past 12 months, we have not sold or shared (for cross-context behavioral advertising) any Personal Information we collect to third parties.
Length of Time. We will keep your Personal Information for as long as necessary to comply with our regulatory obligations.
Rights of California Consumers. The CCPA provides a California consumer the following rights, subject to certain exceptions and limitations:
If you wish to exercise any of the rights afforded to California consumers described above, you may email us at privacy@bardinhill.com or phone to speak with a member of the Legal & Compliance team on +1 212-303-9400.
You may only make a verifiable request for access or data portability twice within a 12-month period. All verifiable requests must provide (1) enough information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized agent and (2) sufficient detail that allows us to properly evaluate and respond to it. We may need to request additional information from you to verify your identity or understand the scope of your request. If we are unable to verify your identity, we will need to deny your request. You may designate an authorized agent to make a CCPA request on your behalf and we reserve the right to seek proof that you have given the authorized agent signed permission to act on your behalf.
We endeavour to respond to a verifiable request within 45 days of its receipt. If we require more time, 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.
Questions
If you have questions or complaints regarding Bardin Hill collecting or processing your Personal Data please contact us at privacy@bardinhill.com.
Last Updated: July 2023
All persons using or accessing this site accept and agree to comply with the terms, conditions, and agreements in these Terms of Use. This Notice and these terms, conditions, and agreements form a complete agreement between you and Bardin Hill Investment Partners LP (BHIP) and its affiliates (together with BHIP, Bardin Hill). Using and accessing this site constitute your acceptance of the terms, conditions, and agreements in their current form as of the latest date of your access or use of this site. If you do not agree to such terms, conditions, or agreements, you must immediately and forever discontinue using or accessing this site. Please review these terms, conditions, and agreements, and please contact Bardin Hill should you have any questions concerning your obligations.
Proprietary Information
The information presented here is Bardin Hill’s proprietary information. Any disclosure, reproduction, distribution, or other use without the consent of Bardin Hill is strictly prohibited. All information on this site remains subject to Bardin Hill’s rights pursuant to applicable copyright, patent, and other intellectual property laws and regulations. All information remains subject to all relevant copyright laws.
Private-Side Information
No Representation
Bardin Hill makes no expressed or implied representation or warranty, including no warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property and proprietary rights, and assumes no responsibility for the accuracy, reliability, or completeness of the information on this site. Bardin Hill is under no obligation or responsibility to update or correct any information on this site.
No Liability
Bardin Hill disclaims and you release it from all liability, including consequential and punitive damages, arising from your using or accessing this site or from your reliance on any information on this site. The illegality, invalidity, or unenforceability of any term or condition under the law of any jurisdiction will not affect its legality, validity, or enforceability under the law of any other jurisdiction, nor the legality, validity, or enforceability of any other provision. If any portion of any term, condition, or agreement in these Terms of Use is held to be unenforceable for any reason, the parties agree that such term, condition, or agreement will be interpreted to extend only to the maximum extent in all respects as to which it may be enforceable, as determined by the court or arbitrator making such determination and, in its reduced form, such term, condition, or agreement will then be enforceable, but such reduced form of term, condition, or agreement will only apply with respect to the operation of such term, condition, or agreement in the particular jurisdiction in or for which such adjudication is made. The terms, conditions, and agreements contained herein each constitute a series of separate terms, conditions, and agreements, one for each applicable state, territory, or possession of the United States and for the District of Columbia, and one for each applicable foreign country, each of which is distinct and severable. If and to the extent that a court or arbitrator is unable, as a matter of law, to reform or modify any portion of any term, condition, or agreement as contemplated herein, or in the event a court or arbitrator holds unenforceable any of the separate terms, conditions, agreements deemed included herein, then such unenforceable terms, conditions, or agreements will be deemed eliminated from the provisions herein for the purpose of such proceeding to the extent necessary to permit the remaining separate terms, conditions, or agreements to be enforced in such proceeding.
No Offer
None of the information or materials contained on this site should be construed as providing any type of investment or other advice. This site contains general information about Bardin Hill. This site is neither an offer to sell nor a solicitation of an offer to purchase interests in any fund or investment product. Offers and sales will be made only pursuant to a confidential private placement memorandum, complete documentation of the relevant investment opportunity, and in accordance with the applicable securities laws, and this site is qualified in its entirety by reference to such documentation, including the risk factors and potential conflicts of interest disclosures set forth therein.
Investment Performance and Risks
There can be no guarantee that any investment objective can or will be reached. Bardin Hill’s investment performance may be volatile. Any investment with Bardin Hill is speculative and involves a high degree of risk, thus an investor could lose all or a substantial amount of their investment. There is no secondary market nor is one expected to develop for investments in products managed by Bardin Hill. There may be restrictions on transferring investments made with Bardin Hill. Bardin Hill may use leverage in connection with its investment programs, which may result in greater losses to the investors. Past performance is no indication of future results.
Privacy
Bardin Hill reserves the right to monitor and record activity on this site for any and all or no reason and to take all actions it deems necessary or appropriate in its sole discretion. Bardin Hill, however, has no obligation to do so. Bardin Hill will at all times abide by its Privacy Policy.
Jurisdiction and Governing Law
Any dispute concerning any matter herein, including the validity, termination, or enforceability of the terms, conditions, or agreements herein, shall be governed by and interpreted according to the substantive laws of the state of New York without regard for its choice of law or conflict of laws principles. You irrevocably submit to the exclusive jurisdiction of the United States District Court for the Southern District of New York and the courts of the State of New York located in the County of New York for any such dispute.
Bardin Hill and certain of its affiliated managers are SEC-registered investment advisers and maintain their registered office at 299 Park Avenue, 24th Floor, New York, NY 10171.
Sustainable Finance Disclosures
The following definitions shall be used In this "Sustainable Finance Disclosures" section.
ESG means environmental, social and governance;
SFDR or Disclosure Regulation means Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability-related disclosures in the financial services sector, as may be amended, supplemented, consolidated, substituted in any form or otherwise modified from time to time;
Sustainability Factors means environmental, social and employee matters, respect for human rights, anti-corruption and anti-bribery matters;
Sustainable Investment means an investment in an economic activity that contributes to an environmental objective, as measured, for example, by key resource efficiency indicators on (i) the use of energy, (ii) renewable energy, (iii) raw materials, (iv) water and land, (v) the production of waste, (vi) greenhouse gas emissions, or (vii) its impact on biodiversity and the circular economy, or an investment in an economic activity that contributes to a social objective (in particular an investment that contributes to tackling inequality or that fosters social cohesion, social integration and labor relations), or an investment in human capital or economically or socially disadvantaged communities, provided that such investments do not significantly harm any of those objectives and that the investee companies follow good governance practices, in particular with respect to sound management structures, employee relations, remuneration of staff and tax compliance;
Sustainability Risk means an environmental, social or governance event or condition that, if it occurs, could cause an actual or a potential material negative impact on the value of an investment, including but not limited to, risks stemming from climate change, natural resource depletion, environmental degradation, human rights abuses, bribery, corruption and social and employee matters;
Bardin Hill Investment Partners LP (the “Investment Manager”) recognizes that Sustainability Risks, were they to occur, could have a material negative impact on the value of an investment, and may affect the risk-adjusted returns of funds managed by the Investment Manager in varying ways and to varying degrees depending on the underlying investments. The Investment Manager, therefore, evaluates and integrates Sustainability Risk and other relevant ESG factors at multiple stages throughout the investment process, beginning with initial due diligence (pre-investment) and continuing during the lifecycle of an investment, where Sustainability Risks may become relevant due to changes in operating conditions, changes in law or policy, market expectation, new information or research and other developments. The significance of Sustainability Risks to an investment is assessed in the context of the relevant underlying asset, including its overall risk and return profile. Other relevant considerations include the level of intended or actual control or influence exercised by the Investment Manager over the investee company.
In identifying and assessing sustainability risks, the Investment Manager uses a number of methods, including specialist due-diligence and research tools and service providers and direct engagement with investee companies and their management. The Investment Manager’s engagement with the management of investee companies varies depending on the level of control or influence exercised.
Strategically significant Sustainability Risk and ESG factors and opportunities vary by industry, sector, and within industries. The Investment Manager believes that its inclusion of ESG risks and opportunities in its investment analysis and decisions enhances both risk management as well as the investment process. In addition to allowing the Investment Manager to be a better global citizen by engaging in responsible investment practices, from its perspective, it is a way of driving value. Identification of one or more Sustainability Risks alone will not generally preclude the Investment Manager from pursuing an investment where such investment is otherwise assessed to meet the investment criteria, including where such Sustainability Risks can be appropriately monitored and managed. However, there may be circumstances where the Sustainability Risks are overwhelmingly detrimental to the potential performance of an underlying investment and the Investment Manager may cease to pursue the opportunity further. For more details on how Sustainability Risk and other relevant ESG factors are integrated into the investment process, please reach out to the Investment Managers Investor Relations at IR@bardinhill.com.
Consideration of Principal Adverse Impacts of Investment Decisions on Sustainability Factors
The Investment Manager does not currently consider the principal adverse impacts of investment decisions on Sustainability Factors for the purposes of Article 7 of the SFDR as the detailed rules and guidance regarding such disclosure have not been formally adopted, and given the lack of accessible, relevant and comparable data. The Investment Manager may seek to adhere to best practices where and to the extent appropriate to its business, and will periodically evalulate information available to it.
Investment Manager’s Remuneration Policy
The Investment Manager’s remuneration policy includes a broad range of factors considered in order to determine the appropriate level of remuneration for an employee. However, sustainability risk is not considered as a discrete and separate performance component but rather assessed as part of the wider risk performance of an investment, and the employees contribution to identifying, managing and monitoring the risks attendant to investments the selection and management of which the employee is or has been actively involved.