Your privacy is important to New Mountain Capital and its affiliates (“New Mountain” or the “Firm”). We are committed to protecting your privacy when you provide Personally Identifiable Information (“PII”) to us. Our privacy statement explains our personal information policies and practices including the types of PII we may collect about you, the purposes for collecting your PII, the circumstances where we may disclose the information to third parties, the measures we take to secure the confidentiality of your PII, and the information you will need to contact us to address your privacy concerns including the exercise of your rights.
Collection and use of your personal information
We may collect PII from you when you visit New Mountain’s website to browse, conduct transactions with, or otherwise interact with us, both on and offline. In addition, as part of our obligation to comply with all applicable laws and regulations, we may indirectly collect PII from you by monitoring email and other network traffic.
PII is any information that can be used to identify an individual. The PII we may collect from you includes but is not limited to, name, email, address, phone number, age, occupation, login information, marketing preferences, national identity cards, social security numbers and drivers licenses where required by law, and any other information that can be used to identify you.
Collection of PII from third parties: From time to time we receive personally identifiable information from third parties who help us market or service our financial products.
Lawful basis of collection and use of your PII: Our collection and use of your PII is lawful. We may process your PII as required to support our legitimate business interests and your interests and rights do not override those interests.
Consequences of not providing your personal information: In order to provide you with relevant information about our financial services and products, we will need to collect some personal information to contact you. Without some of your personal information we cannot provide you with the services you may request. If you are currently receiving information or marketing communications from us, you may opt-out of receiving further communications at any time.
Uses of personal information: We collect your personal information for a variety of purposes including:
- Managing employment applications;
- Contacting you or your designated representative by phone, email, fax, or post;
- Sharing information about our services including investment research;
- Providing you or your representative with marketing communications;
- Facilitating financial transactions; and
- Fulfilling our legal and regulatory obligations.
When and how we share personal information
We may share your personal information within New Mountain and with our affiliates, business partners and third parties for the purposes of operating our business and delivering and improving the financial services we provide to you. We may also share your personal information for other legitimate purposes permitted by applicable law including sending marketing and other communications related to our business.
We share personal information for a variety of purposes including, but not limited to, the following ways:
- Within New Mountain and among our affiliates and subsidiaries for data processing or storage purposes;
- With business partners and suppliers to provide services and help facilitate transactions,
- In response to requests from or obligations relating to law enforcement, government authorities, or other third parties as necessary to comply with legal process or meet national security requirements; and
- For other purposes after we have provided you notice and received your consent to share information for that purpose.
New Mountain does not sell your data to any third parties.
Transfers of personal information from the EU (or EEA, Switzerland) to the US and/or other countries
New Mountain may transfer your personal information within the Firm and/or to other third parties, such as our third party service providers. Your personal information may be transferred, processed and/or stored in a country other than the one in which your personal information is collected. When transferring your personal information to the US or other countries, we have implemented procedures to ensure that appropriate safeguards are in place to protect the personal information regardless of where it is being transferred.
Data Subject Rights
The European Union’s General Data Protection Regulations (GDPR) and other national privacy laws provide data subjects with certain rights. This privacy statement is intended to inform you of your rights with respect to your personal data and to provide you with the information necessary to exercise those rights.
Individuals who reside in the EU and whose personal data is collected and processed by New Mountain have the right to the following:
- To request access to your data
- To rectify your data
- To take your data (portability) to another service provider
- To erase your personal data
- To restrict or object to the processing of your personal data
- To lodge a complaint with a Member State Supervisory Authority
In addition, you have the right to withdraw consent if consent was provided to collect and process the personal data. If you withdraw consent, that will not impact your personal data that was processed prior to withdrawal of the consent.
Please direct all inquiries, requests, or concerns relating to your Data Subject Rights to:
New Mountain Capital
Attention: Chief Compliance Officer
787 Seventh Avenue, 49th Floor
New York, New York 10019
Security of personal information
We are committed to protecting your personally identifiable information from unauthorized access and use. To help protect your personal information, we implement and maintain appropriate technical, physical and administrative safeguards. Access to your personal information is restricted to only those employees who need to know that information to provide our services to you. Our employees receive training to maintain the confidentiality, privacy and security of your personal information.
Data storage and retention
Your personal information will be retained only for as long as the information is needed to fulfill the purposes for which it was collected and processed. We reserve the right to retain and use your personal information for as long as necessary to comply with our legal obligations and business requirements and/or to resolve ongoing disputes and enforce our agreements.
Changes to this privacy statement
From time to time we may update this privacy statement. If revisions are made to the privacy statement, we will update the statement with a new revision date.
This privacy statement was revised and posted on May 25, 2018.
Questions, concerns or complaints
If you have any questions, concerns, complaints regarding the information in this privacy statement and/or our privacy practices, please contact
New Mountain Capital
Attention: Chief Compliance Officer
787 Seventh Avenue, 49th Floor
New York, New York 10019
Addendum for California Investors
California Consumer Privacy Act of 2018
This notice supplements the Privacy Notice set forth above with respect to specific rights granted under the California Consumer Privacy Act of 2018 (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 above in the Privacy Notice. 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.
Categories of Personal Information We Collect: We have collected some or all of the following categories of personal information from individuals within the last twelve (12) months:
- a. name(s); date of birth; identification, such as passport; social security number; national ID or insurance number, tax identification number; copy of passport; nationality; signatures;
- b. address; telephone number; email address;
- c. business activities; financial expertise including educational qualifications and investment experience; value of financial portfolio; ability to bear losses; nature of past or current employment within or outside the financial sector; and
- d. 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.
Within the last twelve (12) months, we have shared each of the categories of personal information collected with affiliates and third-party service providers as set forth in the Privacy Notice above, and we collect personal information from the sources set forth in the Privacy Notice above.
Purposes for Collecting Personal Information: We may collect or share the personal information we collect about you for one or more of the following business or commercial purposes:
- KYC – confirming your identity and screening against government, supranational bodies or sanctions lists or performing other on-boarding due diligence;
- To perform our contract, including managing the assets of the fund, providing periodic and annual reporting, responding to your queries, keeping you apprised of co-investment opportunities, and any other matters of legitimate interest to investors including other investment opportunities;
- Legal compliance – detecting, investigating and preventing breaches and criminal offences, in accordance with applicable law;
- Legal proceedings;
- Improving our products and services.
We do not sell any of the personal information we collect about you to third parties.
Deletion Rights: You have the right to request that we delete any of your personal information that we retain, subject to certain exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations.
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 below.
Call us using the following toll-free number: 1-800-655-4407.
Contact us through our website: www.newmountaincapital.com.
Email us at the following email address: email@example.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 your investor portal access credentials 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. We will inform you in writing if we cannot meet that timeline. Please contact the Chief Compliance Officer of New Mountain at the email address above with any questions about this Privacy Notice.