U.S. PRIVACY POLICY

Last Updated: October 2023

HPS Investment Partners, LLC and its affiliates (“HPS”) respect your concerns about privacy.  This U.S. Privacy Policy describes the types of personal information we collect on https://www.hpspartners.com/en/home/ (the “Site”), how we use the information, with whom we share it and the choices available to you regarding our use of the information. We also describe measures we take to protect the security of the information and how you can contact us about our privacy practices.

Except as described in the California Consumer Privacy Statement, this U.S. Privacy Policy does not apply to the offline information practices of HPS. It also does not apply to personal information we may collect from you as an investor in any fund or account that we sponsor or manage. We address these practices in separate notices to clients or investors as required by law.

If you are a California consumer and would like information about our online and offline privacy practices and your privacy rights, please see the section of this U.S. Privacy Policy called “California Consumer Privacy Statement.”

If you reside in the European Union or Cayman Islands, or EU data privacy legislation applies to you please click here for important information on how we use your personal information.

You may click the links below to jump to the listed section:

1. Information We Obtain
2. How We Use the Information We Obtain
3. Information We Share
4. Your Rights and Choices
5. How We Protect Personal Information
6. Children’s Personal Information
7. Links to Non-HPS Services and Features
8. Updates to Our Privacy Policy
9. How to Contact Us
10. California Consumer Privacy Statement

 

1. Information We Obtain

We may obtain your contact information and other information you choose to provide through the Site.

In addition, when you visit our Site, we may obtain certain information by automated means, such as cookies, web beacons, web server logs and other technologies.  A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and cookies and may be used to transmit information collected through cookies back to a web server.

We may use these automated technologies on our Site to collect information about your equipment, browsing actions, and usage patterns. The information we may obtain in this manner may include your device IP address, identifiers associated with your devices, types of devices connected to our Site, web browser characteristics, device characteristics, language preferences, referring/exit pages, clickstream data and location, and dates and times of visits to our Site.  These technologies may help us (1) remember your information so you do not have to re-enter it; (2); track and understand how you use and interact with our Site; (3) tailor the Site around your preferences; (4) measure the usability of our Site and the effectiveness of our communications; (5) authenticate your identity, protect against fraud and provide our products and services; and (3) otherwise manage and enhance our services, and help ensure they are working properly.

We may obtain demographic information about you (such as age, sex, location, employment) from Google Analytics when you access our Site while signed into a Google account. We do not have control over the policies, practices, and procedures of Google Analytics. To learn more about how Google Analytics collects and processes data from websites for advertising and data analytics purposes, please visit https://policies.google.com/technologies/partner-sites. To learn more about the controls Google offers to manage the collection and use of your personal information, please visit https://policies.google.com/privacy.

Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Site. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device. For more information on the cookies used on our Site and how you can control our use of them, please see our Cookie Policy.

2. How We Use the Information We Obtain

We may use the personal information we obtain about you to:

• Respond to your inquiries;
• Operate, evaluate and improve our business (including managing the Site; enhancing and improving our products and services; managing our communications; analyzing our products and services; performing data analytics; and performing auditing and other internal functions);
• Maintain and enhance the safety and security of our products and services, prevent misuse and troubleshoot technical issues;
• Verify your identity and protect against fraud and other criminal activity, claims and other liabilities;
• Exercise our rights and remedies and defend against legal claims; and
• Comply with and enforce applicable legal requirements, industry standards and HPS policies and terms.

We also may use the information in other ways for which we provide specific notice at the time of collection.

Our Site is not designed to respond to “do not track” signals received from browsers.

3. Information We Share

We may share the information we obtain about you with our affiliates and subsidiaries.  We also may share the information we obtain about you with third-party vendors and other entities to perform certain services on our behalf, such as website hosting, data analytics and other services.

We also may disclose personal information (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity; or (6) otherwise at your direction or with your consent.

We reserve the right to transfer any personal information we have about you in the event of a potential or actual sale or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation) or other business transaction.

4. Your Rights and Choices

You may at any time ask us to stop sending you emails or other communications. To update your preferences, limit the communications you receive from us, or submit a request, please contact us as described in the How to Contact Us section below.

If you are a California consumer, for more information about your privacy rights, please see the section of this Privacy Policy called “California Consumer Privacy Statement.”

5. How We Protect Personal Information

We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized access, destruction, loss, alteration, disclosure or use. Still, the Internet is not 100% secure, and we cannot guarantee or promise that your use of the Site or the Services will be completely safe. We cannot and do not guarantee the security of your personal information from unauthorized use or alteration. You should be mindful that there is risk of disclosure inherent in the electronic communication and storage of information (including without limitation from unauthorized entry or use, telecommunication issues, hardware or software failure, and other factors).

6. Children’s Personal Information

Our Site is intended for a general audience and is not directed to children. In connection with the Site, we do not knowingly solicit or collect personal information from children under the age of 13. If we learn that we have collected personal information from a child under age 13, we will promptly delete that information. If you believe that a child under age 13 may have provided us with personal information, please contact us as specified in the How To Contact Us section of this U.S. Privacy Policy.

7. Links to Non-HPS Services and Features

For your convenience and information, our Site may provide links to other online services, and may include third-party features such as apps, tools, widgets and plug-ins.  These online services and third-party features may operate independently from us.  The privacy practices of the relevant third parties, including details on the information they may collect about you, are subject to the privacy statements of these parties, which we strongly suggest you review.  To the extent any linked online services or third-party features are not owned or controlled by HPS, we are not responsible for these third parties’ information practices.

8. Changes to Our Privacy Policy

We may change, modify, add, or remove portions of  this U.S. Privacy Policy from time to time and without prior notice to you to reflect changes in our personal information practices with respect to the Services. We will indicate at the top of the policy when it was most recently updated. We encourage you to periodically check our Site for updates. We will notify you of any material changes to our Privacy Policy to the extent required by law (including by email if you are on our email contact list).

9. How to Contact Us

You can submit a request or ask us questions about this U.S. Privacy Policy by sending us an email at privacy@hpspartners.com.

 

CALIFORNIA CONSUMER PRIVACY STATEMENT

Last Updated: October 2023

This California Consumer Privacy Statement (“Statement”) supplements the U.S. Privacy Policy.  It applies solely to California consumers and addresses personal information we collect online and offline about California consumers, such as website visitors, business partners and job applicants.  This Statement does not apply to personal information about HPS employees and other personnel.  In addition, this Statement does not apply to nonpublic personal information we obtain subject to the Gramm-Leach-Bliley Act (“GLBA”).

This Statement uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act) and its implementing regulations (collectively, the “CCPA”).

1. Notice of Collection and Use of Personal Information

We may collect (and may have collected during the 12-month period prior to the Last Updated date of this Statement) the following categories of personal information about you:

• Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, internet protocol address, email address, account name, Social Security number, driver’s license number, passport number, and other similar identifiers
• Additional Data Subject to Cal. Civ. Code § 1798.80: signature and physical characteristics or description, state identification card number, education, bank account number, credit card number, debit card number, and other financial information
• Protected Classifications: characteristics of protected classifications under California or federal law, such as race, color, national origin, religion, age, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, disability, citizenship status, and military and veteran status
• Commercial Information: commercial information, including records of services obtained and other purchasing or consuming histories or tendencies
• Online Activity: Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements
• Sensory Information: audio, electronic, visual and similar information
• Employment Information: professional or employment-related information such as résumé information, occupation details, education details, certifications and professional associations, historical compensation details, previous employment details, emergency contact information and pre-employment screening and background check information, including criminal records information
• Education Information: education information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99)
• Inferences: inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

We may use (and may have used during the 12-month period prior to the Last Updated date of this Statement) your personal information for the purposes described in our U.S. Privacy Policy and for the following business purposes:

• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytics services, providing storage or providing similar services
• Providing advertising and marketing services, except for cross-context behavioral advertising
• Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance
• Short-term, transient use, such as non-personalized advertising shown as part of your current interaction with us
• Helping to ensure security and integrity
• Debugging to identify and repair errors that impair existing intended functionality
• Undertaking internal research for technological development and demonstration
• Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us
• Managing career opportunities with us
• Managing our relationships with current or prospective partners, corporate customers and vendors and other business partner personnel

We do not collect or process sensitive personal information for purposes of inferring characteristics about consumers.

To the extent we process deidentified information, we will maintain and use the information in deidentified form and will not attempt to reidentify the information unless permitted by applicable law.

2. Sources of Personal Information

During the 12-month period prior to the Last Updated date of this Statement, we may have obtained personal information about you from the following categories of sources:

• Directly from you, such as when you email us
• Your devices, such as when you visit our Site
• Individuals, such as your friends or colleagues, who provide us with your contact information so we can send information that may interest you
• Our affiliates
• Vendors who provide services on our behalf
• Social networks
• Government entities
• Recruiting and talent agencies
• Job references, such as your employers or teachers
• Data brokers, such as public databases, credit bureaus, credit reporting service providers and background check services

3. Sale or Sharing of Personal Information

We have not sold or shared your personal information during the 12-month period prior to the effective date of this Statement.

4. Disclosure of Personal Information

During the 12-month period prior to the Last Updated date of this Statement, we may have disclosed the following categories of personal information about you for the business purposes listed above to the following categories of third parties:

In addition to the categories of third parties identified above, during the 12-month period prior to the Last Updated date of this Statement, we may have disclosed personal information about you to government entities and third parties in connection with corporate transactions, such as mergers, acquisitions or divestitures.

We also may disclose the information we obtain about you with service providers, business partners, and affiliates to perform certain services on our behalf, such as website hosting, data analytics and other services. We also may disclose personal information (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity; or (6) otherwise at your direction or with your consent.

5. Sensitive Personal Information Disclosure

HPS does not use or disclose sensitive personal information for any purpose not permitted by the CCPA.

6. Children’s Personal Information Disclosure

We do not knowingly solicit or collect personal information from children under the age of 16.

7. Retention of Personal Information

We intend to keep your personal information only for as long as it is required in order to fulfill the relevant purposes described in the Privacy Policy, as permitted or as may be required by law, or as otherwise communicated to you.

8. De-identified Data Disclosure

HPS may use de-identified data in some instances. HPS either maintains such data without attempting to re-identify it or treats such data as personal data subject to applicable law.

9. California Consumer Privacy Rights

You have certain choices regarding our use and disclosure of your personal information, as described below.

Access: You may have the right to request, twice in a 12-month period, that we disclose to you the categories of personal information we have collected about you, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you.

Opt-Out: You may have the right to request that we do not sell or share your personal information with third parties.

Deletion: You may have the right to request that we correct or delete certain personal information we have collected from you.

How to Submit a Request: To submit an access, opt-out, or deletion request, you or your authorized agent may  email your request to privacy@hpspartners.com or call us at (833) 457-0279.

Verifying Requests: To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request.  If you request access to, correction of or deletion of your personal information, we may require you to provide any of the following information: your email address on file, the name of your contact person at HPS, the date of your last correspondence with HPS, the date of your last capital call and the amount, the name of your last realization or investment, and/or the fund in which you participate.  In addition, if you ask us to provide you with specific pieces of personal information, we will require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.  If you designate an authorized agent to make an access, correction or deletion request on your behalf (1) we may require you to provide the authorized agent written permission to do so, and (2) we may require you to verify your own identity directly with us (as described above).  To submit a request as an authorized agent on behalf of a consumer, please contact us as described above under “How to Submit a Request”.

Additional Information: If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us.  To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.