(Rev. July 2018)
At Wellspring Capital, we are committed to handling information about you responsibly and we recognize and respect your right to privacy.
We are Wellspring Capital Management Group LLC. Our principal place of business is at 390 Park Avenue, 5th Floor, New York, NY 10022 (“Wellspring Capital” or “we”, “us” or “our”).
We are a data controller for the purposes of the applicable privacy laws in the jurisdictions in which we operate, including the General Data Protection Regulation 2016/679 (“GDPR”). This means in relation to the personal information you provide to us, we will determine why and how it is used.
What Personal Information We Collect
When you use our website or during the course of our business dealings with you or your employer, we may collect your “personal information”.
Personal information is information that either alone or in combination with other information can directly or indirectly identify you.
Examples of personal information collected by us include your name, employer/company, job title, telephone number, address, email address, information regarding your job and/or other information regarding your preferences where it is relevant to the services that we provide to our portfolio companies and/or investors, or your employment or potential employment with us.
How We Collect Your Personal Information:
We may collect your personal information in circumstances such as:
- when you provide it to us directly (i.e. when you contact us via email or provide us with a business card); and
- from a third party source (e.g. from a company for whom you work, other organizations with whom you have dealings, government agencies, a credit reporting agency, a recruitment agency, an information or service provider or from a publicly available record)
If you do not provide information requested by us from time to time, we may not be able to provide services to you or your employer, or otherwise fulfill the purpose for which we have requested the information.
How We Use Your Personal Information:
We will only process your personal information, where:
- you have given your consent to such processing (which you may withdraw at any time);
- the processing is necessary to fulfill a contract we have with you or your employer;
- the processing is necessary for compliance with our legal obligations; and/or
- the processing is necessary for our legitimate commercial interests or those of any third party recipients that receive your personal data.
By “processing”, we mean the collection, recording, storage, use, disclosure and any other form of operations or dealings with your personal information.
We may use personal information about you:
- to provide you with our services and information;
- to send you press kits, newsletters or other marketing or promotional materials;
- to send you information on news, publications, seminars and events;
- to improve our services and communications to you;
- for the purposes of employment, partnership or the supply or retention of services;
- for insurance purposes;
- to send you invoices or reminder notices;
- to process your requests of, and applications to, us; and
- for any other purpose for which this information was provided to us or for any purpose related or ancillary to any of the above.
We may do the following with your personal information:
- record and monitor your use of this website for internal purposes which may include analysis of usage, measurement of site performance and generation of marketing reports;
- use it to provide our services and products to you and disclose it to third parties (including, but not limited to, our attorneys, accountants, consultants and advisors) who may or may not be part of Wellspring Capital, where such disclosure is connected with the provision of such services and products and permitted by applicable data protection law, including the GDPR;
- use it to market our products and services to you (this may involve contacting you using the contact details you give us) where we have received your consent to do so, or we believe that you may be interested in the material as it relates to similar products or services you have previously used, or indicated your interest in using, from us;
- allow the information to be accessed by Wellspring Capital personnel outside the European Economic Area (“EEA”);
- share information you provide to us with selected third parties that provide services to us; and
- store it in an internal database that we maintain of business contacts
For further information on how we process your personal data in the recruitment context, please see below.
Who Else Might Receive Your Personal Information
We will not disclose your personal information to third parties without your prior consent, except as detailed above or where a government, regulatory body or the law requires or allows us to disclose your personal information.
We may also collect, use and disclose personal data or information where it is reasonably necessary for the establishment, exercise or defense of a legal or equitable claim, or for the purposes of a confidential alternative dispute resolution process.
Keeping Your Personal Information Secure
We will take appropriate technical and organizational measures to keep your information confidential and secure in accordance with our internal procedures covering the storage, access and disclosure of information. Information may be kept on our information technology systems, in the information technology systems of our third-party service providers, or in paper files.
Transferring Information About You Abroad
Your data will be transferred to and stored in the United States of America.
You should be aware that in territories outside the EEA, laws and practices relating to the protection of personal data are likely to be different and in some cases may be weaker than those within the EEA.
We will ensure that any such international transfers are made subject to appropriate or suitable safeguards as required by applicable data protection law. To find out more about the safeguards we have in place to protect your personal information please contact us as email@example.com.
Updating Information About You
If any of the information that you have provided to us changes, for example if you change your email address or if you wish to cancel any request you have made of us, please let us know by sending an email to firstname.lastname@example.org.
How Long We Retain Your Personal Information
We will retain your personal information until it is no longer required for the purposes for which it was obtained, and otherwise so we can comply with any applicable laws, regulations or rules.
You have the right to (i) reasonably access the personal information that we hold about you and (ii) review, correct and delete such personal information. Under certain circumstances, you may request that we provide personal data to you in a format which can be transferred for use by an alternative service provider. To help protect your privacy, we take reasonable steps to verify your identity before granting access to your information.
You also have the right to withdraw consent to the processing of your personal information at any time.
If you would like to exercise any of your rights in relation to our processing of your data, please contact us at the details below.
The following provides further information about our handling of your personal information when you apply for a job with us. Please note that this is supplementary to the fair processing information set out above, and you have the same rights as set out above in the recruitment context too.
In connection with seeking employment with us, we may collect your CV, application form, tests and assessment, interview materials and information and opinions related to you.
We may also collect sensitive data including any of the following types of information: racial or ethnic origin; political opinions; religious or philosophical beliefs; union membership; physical or mental health; sexual life; criminal offenses; or criminal proceedings or convictions. Such information is maintained for the purpose of evaluating your potential employment with us. Information you provide to us for this purpose may be shared with selected third parties for the purpose of assessing your potential employment. In particular, you should note that your application will be subject to verification. This will involve your references being taken up and any qualification which is indicated on your application being verified by contacting the appropriate body.
The information about you will be used for the purpose of determining your suitability for employment with us. It may also be held for statistical analysis. It may be used for the purposes of legal proceedings (including prospective legal proceedings); obtaining legal advice; establishing, exercising or defending legal rights; compliance with any legal obligation to which the firm is subject; to maintain the security of the firm and its personnel; the prevention and detection of crime or fraud; and compliance with any request from regulatory authorities or other relevant public authorities or agencies.
If your application for employment is unsuccessful, then the information may be retained by us, but in any case for no longer than is necessary for these purposes.
What is a cookie?
A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another.
What cookies will the site use and for what purposes?
Our website uses a number of different cookies to improve the user experience and help us see what is popular:
- Single session cookies. These enable the site to keep track of your movement from page to page in order to ensure that you will not be asked for the same information you have previously given during your visit to the site. Cookies allow you to proceed through the site quickly and easily without having to authenticate or reprocess each new area you visit.
- Persistent cookies. These cookies enable us to collect information such as number of visitors to the site and pages visited to analyze user behavior. This information is collected in an anonymous form and will be collated with similar information received from other users to enable us to compile reports to develop and improve user experience by displaying more tailored and relevant content for example.
How long will the cookies remain on my computer?
The cookies will remain in the cookies file of your browser after the closing of the browser, and will become active again when the site is reopened, until removed. The cookie(s) will be deleted after 10 days, but you can delete them earlier at any time. The cookie(s) will not collect any information when you are not accessing the Site.
How to Control Cookies
You can control and/or delete cookies as you wish – for details, see aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.
If you wish to make a complaint about how we have handled your personal information, please contact us at the details below and we will investigate the matter. If you are not satisfied with our response or believe we are not processing your personal information in accordance with the law, you can escalate your complaint to the data protection authority in your jurisdiction, details of which can be found online.
How to Contact Us
If you have any queries about the contents of this privacy statement, or would like to raise a complaint or comment, please contact us at:
- Email: email@example.com; and
- Mail: Wellspring Capital Management Group LLC., 390 Park Avenue, 5th Floor, New York, NY 10022.