Notice of Privacy Policy

Last Revised: September 14, 2020

The Privacy Policy describes the policies and procedures followed by Palisade Capital Management, LP and its affiliates (“PCM”, “we”, “our” or “us”) regarding the collection, use, and disclosure of your Personal Information (as defined below) when you visit www.palisadecapital.com (the “Website”), or otherwise interact with PCM. For the purposes of EU data protection laws, PCM is the data controller of your Personal Information.

Please read this Privacy Policy carefully in order to understand our views and practices regarding your personal data and how we will treat it. Please note that when using the website, this Privacy Policy should be read in conjunction with our Terms & Conditions. By using this site and our products or services, you agree to the terms of this Privacy Policy and the Terms and Conditions, as well as our Cookie Policy.

The Types of Personal DataThat May Be Collected About You and How We Use and Share the Information. When you visit this website, receive services from us, or otherwise interact with PCM, we may collect Personal Information about you.“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 or household.Below we categorize the types of such information we have collected in the last 12 months and provide the sources from which that information was collected, why we collected the information, and with whom we shared the information.We anticipate continuing to collect the information referenced below from the same sources, as well as continuing to use and share it, as described in the list.

Categories of Collected Personal Information

• Identifiers, such as name, email address, address, phone number, facsimile number, IP address, social security number, or other similar identifiers;
• Characteristics of protected classes and demographic information, such as age, sex, and marital status;
• Commercial and financial information, such as records of personal property, products or services purchased, obtained, or considered, information on investments, assets, net worth, tax status, holdings, account balances, transaction history, bank account details, wire transfer instructions;
• Internet or other electronic activity information, such as information regarding an individual’s interaction with a website or mobile application, and emails sent and received;
• Geolocation data;
• Audio, electronic, visual, thermal or olfactory information, such as copies of drivers’ license, passport, or other photograph identification;
• Professional or employment-related information;
• Education information; and/or
• Inferences drawn from any of the information identified above, to create a profile reflecting a client or investor’s preferences, characteristics, psychological trends, predispositions, behaviour, attitudes, intelligence, abilities, and aptitudes.

Sources of Personal Information.We have obtained this Personal Information from the following sources.

• Information you give to us – you may give us Personal Information including your name, company name (if applicable), and contact details including address(es), telephone number(s), and email address. You are not under any obligation to provide any of this information. However, if you withhold requested information, we may not be able to provide certain services to you.

• Information we collect about you - we automatically collect basic technical information from all visitors to the website through our automatic data collection tools, which may include “cookies” and other commonly used technologies (see “Cookies” section below). These tools collect certain standard information that your browser sends to the website such as your browser type and language, access times, and the address of the site from which you came to the website.They may also collect information about your Internet Protocol (“IP”) address or click stream data within our website (i.e., the actions taken in connection with the website).This information helps us improve the website’s functionality.

• From other sources - Information we obtain from third parties or other sources, such as the administrator of a fund, public websites, publicly accessible databases or registers, tax authorities, governmental agencies and supervisory authorities, credit agencies, fraud prevention and detection agencies, and other public sources and information received from the client’s or investor’s advisers or from intermediaries. This might include information obtained for the purpose of our know-your-client procedures (which include anti-money laundering procedures, counter-terrorist financing procedures, politically-exposed-person checks, and sanctions checks, among other things).We may obtain information from your agents and advisers we use to verify your identity or to confirm your eligibility to use our services, in accordance with our legal obligations. 

If you are a client or investor with Palisade, please see our client privacy policy and, if applicable, the investor privacy policy in your fund documents for further detail about how Palisade processes investor personal data.

Use of your Personal Information. We may use the Personal Information you give us to carry out the following purposes:

You have a right to object to processing of your Personal Information where that processing is carried out for our legitimate interest. 

Sharing your Personal Information. We may use selected third parties to provide us with services or technical support for the website who may have access to your Personal Information. All service providers are permitted to use data only for the purpose of performing services on our behalf. Similarly, we may share your Personal Information as required by law to protect our rights and property, or the rights, property or safety of others, including to advisers, law enforcement agencies, judicial and regulatory authorities.We also may share certain personal data with any person to whom we transfer any of our rights or obligations under any agreement, or in connection with a sale, merger, or consolidation of our business, or other transfer of our assets, whether voluntarily or by operation of law, or who is otherwise deemed to be our successor or transferee.In the normal course of its activities, PCM may disclose certain Personal Information: (i) to affiliates, including, without limitation, affiliated investment advisers; (ii) to nonaffiliated service providers, such as transfer agents, fund administrators, custodians, broker-dealers, accountants, and lawyers; (iii) to fraud prevention agencies and law enforcement agencies; (iv) to courts, governmental and non-governmental regulators, and ombudsmen; (v) where PCM has consent; (vi) as required or permitted by law, including, but not limited to, complying with a subpoena or similar legal process or government request, or when we believe in good faith that disclosure is legally required or we have a legitimate interest in making a disclosure, such as where necessary to protect rights and property; and (vii) as part of a transaction with a successor or affiliate or in connection with any acquisition, merger, or sale of assets.Any such disclosure will be in compliance with applicable law.

We do not and will not sell Personal Information to third parties.

Do-Not-Track Requests.“Do Not Track” signals are options available on your browser to tell operators of websites that you do not wish to have your online activity tracked. We currently do not take action in response to these signals.

Cookies. This website uses “cookies,” which may automatically collect certain information and data. “Cookies” are small pieces of data sent to your computer browser from our web server and stored on your computer’s hard drive. The data identifies you as a unique user and facilitates your ongoing access to and use of this website. Cookies also help us diagnose problems with our server and the website. If you do not want us to use cookies when you use this website, you can adjust your internet browser settings not to accept cookies. Your web browser’s help function should tell you how to do this. Alternatively, to find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit the website: http://www.allaboutcookies.org. This website will also explain how you can delete cookies which are already stored on your device. However, without these identifier files you may not have access to many features that may make your browsing of our website smoother, and some of our services may not function properly.

Marketing. We may contact you periodically by e-mail to provide information regarding events, products, services, and content that may be of interest to you, unless you advise us that you do not wish to receive marketing and research communications from us. If applicable law requires that we receive your consent before we send you certain types of marketing communications, we will only send you those types of communications after receiving your consent. If you wish to stop receiving marketing or market research communications from us, or would like to stop processing your Personal Information in any other way, you can contact us as described below to let us know what types of communications you wish to stop receiving.

International Transfer. When you are based in Europe, Personal Information collected from you, including via the website, will be transferred to certain recipients located outside Europe (including the United States where this website is hosted), which do not provide a similar or adequate level of protection to that provided by countries in Europe. You hereby consent to the transfer of your Personal Information to recipients as described in this Privacy Policy which are located outside of Europe. You may withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

Security. The security of your personal data is important to us. We take reasonable steps, consistent with generally accepted industry standards, including technical, administrative and physical safeguards to protect the personal data submitted to us from loss, misuse and unauthorised access, disclosure, alteration and destruction. However, no method of security or transmission over the Internet is entirely secure. You should always use caution when transmitting personal data over the Internet.

Retention. We may retain the information relating to you collected from our business partners as necessary for the provision of the services, internal analytical purposes, or to comply with its legal obligations, resolve disputes and enforce agreements (e.g., settlement). The criteria used to determine the retention periods include: (i) how long the personal data is needed to provide the services and operate the business; (ii) the type of personal data collected; and (iii) whether we are subject to a legal, contractual or similar obligation to retain the data (e.g., mandatory data retention laws, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation or disputes).

Minors.Our products and services are not directed to minors under the age of 18, nor do we sell information about minors. If we learn we have erroneously collected Personal Information of a child under 18, we will take steps to delete such information from our files as soon as possible.

Rights of Individuals in Europe. If you are based in Europe, you may have certain data privacy rights which may be subject to limitations and/or restrictions. These rights include the right to: (i) request access to and rectification and erasure of your Personal Information; (ii) obtain restriction of processing or to object to processing of your Personal Information; and (iii) ask for a copy of your Personal Information to be provided to you, or a third party, in a digital format. You also have the right to lodge a complaint about the processing of your Personal Information with your local data protection authority.

Rights of Individuals in California. We grant California consumers certain privacy rights, including, as described below, the right to access or delete their Personal Information.These rights are subject to certain limitations; however, as they do not apply to Personal Information about employees, applicants, and contractors, information processed exclusively in the business-to-business context (e.g., information about an individual acting in his or her capacity as a representative of an entity), or information collected, processed, sold, or disclosed pursuant to the federal Gramm-Leach Bliley Act (Public Law 106-102) and its implementing regulations.

Right to request disclosure of information we collect and share about you.

Subject to the limitations described above, you can submit a request to us for the following Personal Information we have collected: 

• The categories of Personal Information we have collected about you;
• The categories of sources from which we collected the Personal Information;
• The business or commercial purposes for which we collected the Personal Information;
• The categories of third parties with which we shared the Personal Information;
• The specific pieces of Personal Information we collected; and
• The categories of Personal Information that we have disclosed for a business purpose.

Our responses to any of these requests will cover the 12-month period preceding our receipt of the request.

Right to request the deletion of Personal Information we have collected from you.Subject to the limitations above, you can request the deletion of the Personal Information we have collected about you.We will honor such requests, except for situations where specific information is necessary for us to provide you with a product or service that you requested; perform a contract we entered into with you; maintain the functionality or security of our systems; or comply with or exercise rights provided by the law.The law also permits us to retain specific information for our exclusively internal use, but only in ways that are compatible with the context in which you provided the information to us or that are reasonably aligned with your expectations based on your relationship with us.

Rights Requests.To exercise your right to access or delete your Personal Information, you may email us at compliance@palcap.com or call us at (201) 585-7733.

Handling Rights Requests.For requests for access or deletion, we will first acknowledge receipt of your request within 10 days of receipt of your request.We provide a substantive response to your request as soon as we can, generally within 45 days from when we receive your request, although we may be allowed to take longer to process your request under certain circumstances.If we expect your request is going to take us longer than normal to fulfil, we will let you know.

When you make a request to access or delete your Personal Information, we will take steps to verify your identity.These steps may include asking you for Personal Information, such as your name, address, or other information we maintain about you.If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to the request.We will notify you to explain the basis of the denial.

There may be some types of Personal Information that can be associated with a household (a group of people living together in a single home).Requests for access or deletion of household Personal Information must be made by each member of the household.We will verify each member of the household using the verification criteria explained above.If we are unable to verify the identity of each household member with the degree of certainty required, we will not be able to respond to the request.We will notify you to explain the basis of our denial. 

You may also designate an authorized agent to submit requests on your behalf.If you do so, you will be required to verify your identity by providing us with certain Personal Information as described above.Additionally, we will also require that you provide the agent with written permission to act on your behalf. We will deny the request if the agent is unable to submit proof to us that you have authorized him or her to act on your behalf. 

We usually act on requests and provide information free of charge, but we may charge a reasonable fee to cover our administrative costs of providing the information in certain situations.

Honoring Your Rights. We are committed to complying with the law.If you exercise any of the rights explained in this Notice, we will continue to treat you fairly.

California Shine the Light.California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits California residents to annually request, free of charge, information about the Personal Information (if any) disclosed to third parties for direct marketing purposes in the preceding calendar year. No information is shared with third parties for their own marketing purposes.

Revisions to this Privacy Policy. We may revise or supplement this Privacy Policy from time to time. If we make any substantial changes in the way we use or share your Personal Information, we will notify you by posting a notice on our website, prior to the change becoming effective. We encourage you to refer to this Policy on an ongoing basis so you understand our current privacy practices.

External Links. The website may, from time to time, contain links to external sites operated by third parties. We are not responsible for these third-party sites or the content of such third-party sites. Once you have left the website, we cannot be responsible for the protection and privacy of any information you provide. You should exercise caution and look at the privacy statement for the website you visit.

Accessibility. We are committed to ensuring our communications are accessible to people with disabilities.To make accessibility-related requests or report barriers, please contact us at (201) 585-7733 or contact compliance@palcap.com.

Contact Us. If you have any questions or comments about our Privacy Policy, if you are located in Europe and wish to exercise your rights as described above, or if you would like to request changes to any of your personal data, please feel free to contact Bradley Goldman, General Counsel & Chief Compliance Officer at (201) 585-5433.