OUR COMMITMENT TO PRIVACY
Sound Point’s US Privacy Notice
Sound Point’s Cayman Islands Privacy Notice, in accordance with the Cayman Islands Data Protection Law, 2017 [link to Cayman DPL Privacy Notice]
Sound Point’s California Privacy Notice, in accordance with California Consumer Privacy Act, 2020
We have adopted general policies and procedures concerning confidentiality, proprietary data and privacy of personal information, and the information we gather by way of or through use of the Site is protected by those policies and procedures. Generally, we collect non-public personal information about our clients and investors from the following sources:
Information received from past, present and potential clients or investors on applications or other forms, including the information we collect on the Site and on the prospective user questionnaire, and
Information about clients’ or investors’ transactions with us, our affiliates or others.
Our policy is that:
We do not disclose any non-public personal information about our current or former clients or investors to anyone, except as permitted by law. We share non-public personal information with certain service providers and we require those service providers to keep the non-public information confidential.
We restrict access to non-public personal information about our clients and investors to employees and service providers who need to know that information to provide services to our clients.
We maintain physical, electronic and procedural safeguards that comply with federal standards to guard clients’ and investors’ personal information.
THE INFORMATION WE COLLECT
We collect the following types of information from our Users:
PERSONALLY IDENTIFIABLE INFORMATION
If you have been provided a username and password to access Restricted Areas on this Site, you must provide to us the following Personally Identifiable Information: your name, mailing address, email address, phone number(s) and fax number. In addition, you may have provided Sound Point certain Personally Identifiable Information related to financial matters, including, without limitation, social security numbers, employment, asset, income and other household information, other personal financial data, investment portfolio information and other investment information.
You can choose not to provide us with certain Personally Identifiable Information, but then you may not be able to access the Restricted Areas.
In general, you can browse the public areas of the Site without telling us who you are or revealing any personal information about yourself. We may receive and store certain types of information whenever you interact with us through your use of the Site. Sound Point automatically receives and records your browser information, operating system information, IP address, cookie information and the page you requested. This information will not be stored in a manner that is personally identifiable with you.
In connection with your visit to the Site, we may automatically collect usage information, such as the numbers and frequency of Users to the Site and their components. This data is only used in the aggregate, that is, as a statistical measure, and not in a manner that would identify you personally.
Sound Point uses both “session” and “persistent” cookies on the Site. Session cookies are temporary bits of information that are erased once you exit your Web browser or turn off your computer. Persistent cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. They store information on your computer for a number of reasons, such as retrieving certain information you have previously provided (i.e., username and password), helping to determine what areas of the Site you find most valuable, and customizing the Site based on your preferences on an ongoing basis. Persistent cookies placed on your computer by a Site do not store any personal information.
When you send an e-mail to Sound Point, either through the “Contact” area of the Site or otherwise, Sound Point may retain your e-mail address and the contents of the e-mail you send. If you want to keep any private or proprietary information, please do not send such information in an e-mail or otherwise post such information to Sound Point. We may also receive a confirmation when you open an e-mail from Sound Point if your computer supports this type of program, in order to help us make e-mails more interesting and helpful.
HOW WE USE YOUR INFORMATION
When you provide us with your Personally Identifiable Information, we may use such information to manage a registry of all of our Registrants, facilitate communication between Sound Point and you, notify you of features or special events and provide you with other information we feel may be of interest to you. We also use information we collect to customize, analyze, adjust and improve the Site to meet our Users’ needs and expectations. We may use the information to oversee adherence to our guidelines, to enforce our agreements with you, to prevent fraud and other prohibited or illegal activities and for other legally permissible purposes. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site. These uses of your Personally Identifiable Information may include, without limitation, the following:
If you are a visitor to the Site and provide Sound Point with a prospective user questionnaire in order to request access to the Restricted Areas of the Site, Sound Point uses the data provided on such questionnaire to determine whether you meet certain legal criteria that Sound Point will use to determine whether to permit you access to such Restricted Areas.
As a Registrant of the Site with access to the Restricted Areas, we use the Personally Identifiable Information you provide to send you Sound Point publications, information about Registrant benefits and special features and events and other information that Sound Point believes is relevant and useful to its Registrants. Sound Point does not sell mailing lists (names and mailing addresses) and e-mail addresses of Registrants to third parties.
The aggregate information collected by Sound Point is also used to create portraits of the audience for the Site, portraits which present anonymous statistical demographic information but no Personally Identifiable Information. This aggregated information is used, among other things, to determine trends and needs.
WITH WHOM WE SHARE YOUR INFORMATION
Fulfillment of Services
Compliance with Law and Fraud Protection
Sale or Transfer of Information
In the event of a sale, merger, liquidation, dissolution, or sale or transfer of any portion of the assets of Sound Point, Personally Identifiable Information and/or other information collected about you from or through the use of the Site may be sold, assigned, or transferred to the party acquiring such assets of Sound Point in order to permit the party to continue the operation of the Site or any portion thereof, including the Restricted Areas. Subject to your ability to opt-out, by using the Site and submitting your information to us, you consent to the sale and transfer of your information as described in this paragraph.
Except as described above, we will not disclose your Personally Identifiable Information to other third parties unless you have provided consent.
CONTROL OF YOUR PASSWORD AND PERSONAL INFORMATION
You are responsible for all actions taken with your username and password. Therefore, we recommend that you do not disclose your username or password to anyone. You may not allow others to use your username or password to access or use any part of this Site. If your username or password has been compromised for any reason, you should contact us immediately for a new username and password.
You can review and change the information that you submit to us by contacting us at firstname.lastname@example.org. You can change your username, password, email address, contact information, financial information, other personal information and user preferences. You must promptly update your personal information if it changes or is inaccurate.
On your request, we will deactivate your password and remove your contact information and financial information from our active databases. Your password will be deactivated promptly based on your account activity and in accordance with our deactivation policy.
THIRD PARTY LINKS
The Site contains links to third-party Web sites. Please be aware that we cannot control and are not responsible for the information collection practices of such Web sites, which may differ from those of Sound Point. We encourage you to review and understand the privacy policies of these Web sites before providing any information to them.
USERS FROM OUTSIDE THE UNITED STATES
We use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy, which may include encryption, “firewalls” and Secure Socket Layers. We treat data as an asset that must be protected against loss and unauthorized access. We employ security techniques to protect such data from unauthorized access by users inside and outside the company.
We want you to feel confident using the Site. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your Personally Identifiable Information, searches, or other communications will always remain secure. In the event of a breach of the confidentiality or security of your Personally Identifiable Information, we will notify you as necessary so you can take appropriate protective steps. We may notify you under such circumstances using the e-mail address(es) we have on record for you, and if you did not provide an e-mail address, by regular mail. Users should also take care with how they handle and disclose their Personally Identifiable Information. Please refer to the Federal Trade Commission’s Web site at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.
Persons under age 18 are not eligible to use the Site.
CONDITIONS OF USE
CHANGES TO THIS POLICY
Sound Point Capital Management, LP
375 Park Avenue, 33rd Floor
New York, NY 10152
Effective as of November 1, 2013
PERSONAL AND NON-COMMERCIAL USE LIMITATION
All information in the Restricted Areas of the Site is confidential and private and you may not disclose or distribute such information to any other person for any purpose. Such information is made available solely for your personal use in connection with your current or potential investment activities.
Registering to access and/or accessing the Site and the information that it contains constitutes a request by you, at your initiative, to be provided with information about the funds referenced on this website (the “Funds”). Neither Sound Point Capital nor Sound Point RE, nor any of their affiliates, intends to actively market any Funds to investors in the European Union or the European Economic Area and, therefore, Sound Point Capital (and its affiliates) are outside the scope of the Alternative Investment Fund Managers Directive (Directive 2011/61/EU) (the “AIFMD”) and are not subject to the requirements of the AIFMD. If you are a prospective investor located in, or have your registered office in, the European Union or the European Economic Area, as a condition to your use of this Site, you represent that you acknowledge and understand that the information contained on this Site may not include information that Sound Point Capital would have been required to provide to you, or to otherwise make public, had either Sound Point Capital been required to comply with the AIFMD, and Sound Point Capital may not provide to you such information or sales materials which would otherwise have been required by the AIFMD.
Any and all investors currently holding interests in investment vehicles managed by Sound Point Capital will be provided login credentials by Sound Point Capital to access the Restricted Areas of the Site. If you are a current investor and have not received such login credentials, please contact Sound Point Capital to obtain access to the Restricted Areas of the Site.
In addition to investors, certain Visitors may request access to the Restricted Areas of the Site by completing and submitting to Sound Point Capital a prospective user questionnaire [insert hyperlink here to questionnaire]. When you submit the questionnaire, you will be required to provide Sound Point Capital with the following information: your name, complete address information, e-mail address, telephone numbers and fax number.
In order to use the Restricted Area, a Registrant must: (a) provide certain current, complete, and accurate information about the Registrant on the questionnaire and otherwise; (b) maintain and update such Registrant information as required to keep information current, complete, and accurate; (c) provide all equipment, including a computer and modem, necessary to establish a connection to the Web; (d) provide for the Registrant’s own access to the Web; and (e) pay any telephone, data, hosting or other service fees associated with such access. Sound Point Capital reserves the right to decline to provide you with access, or to terminate your access, to any Restricted Areas if Sound Point Capital learns that you have provided it with false, misleading or inaccurate registration information on the questionnaire, and otherwise at any time and for any reason, in Sound Point Capital’s sole and absolute discretion.
REGISTRANT LOGIN CREDENTIALS
Access to and use of the Restricted Areas is through certain login credentials, which include a combination of your username and a password that Sound Point Capital provides to you as an investor, client and/or other Visitor of the Site following its review of your questionnaire and its approval of your access to the Restricted Areas, which approval may be granted or withheld by Sound Point Capital in its sole and absolute discretion.
You are responsible for maintaining the confidentiality of your username and passwords. You are entirely responsible for any and all activities which occur under your username and password whether or not authorized by you. Although Sound Point will not be liable for losses caused by any unauthorized use of Registrant’s account, Registrants may be liable for the losses of Sound Point or others due to such unauthorized use.
You may not allow others to use your username or password to access or use any part of the Site. If you know or believe that your username and/or password has been compromised for any reason, you should contact Sound Point Capital immediately to request new login credentials. If you provide your username and password to any third party, you will be solely responsible for any actions taken by such third party using your username and password.
NO SECURITIES OFFERING OR INVESTMENT ADVICE
The materials, content and information available on the Site are for information purposes only and do not constitute any investment advice or advertisement or an offer to sell or a solicitation of an offer to purchase any share/interest in any investment vehicles. Any such offerings of securities may only be made only by prospectus or private offering memoranda by persons who are registered, or not required to be registered as broker-dealers or agents in the particular jurisdiction, and in accordance with applicable law, including, without limitation, the Securities Act of 1933, as amended. The Site is not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
The information on the Site provided on a confidential basis. It is not intended as and does not constitute investment advice or legal or tax advice or an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. The information in the Site should not be construed as Sound Point’s endorsement, recommendation or sponsorship of any company or security. There are inherent risks in relying on, using or retrieving any information found on the Site, and Sound Point urges you to make sure that you understand these risks before relying on, using or retrieving any information on the Site. You should evaluate the information made available through the Site, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service or other information. The material available on the Site has been prepared from original sources and data believed to be reliable. However no representations are made as to the accuracy or completeness thereof, and it is subject to change without notice. Any investment in any privately offered investment product involves a high degree of risk and is suitable only for sophisticated investors.
Sound Point Capital’s businesses are not designed or intended to replace any services provided by their respective clients’ other legal, tax and financial advisors. Clients of Sound Point Capital, any investors holding interests in investment vehicles managed by Sound Point Capital, or other Visitors or Registered Users of the Site must rely entirely on their own advisors as to legal, tax, financial or other matters relevant to the suitability of any investment.
You acknowledge that any of your requests for information are unsolicited and any information provided or made available by Sound Point shall neither constitute nor be construed as investment advice from Sound Point to you or to form an investment advisory relationship, or any other client relationship between you and Sound Point or any of its affiliates or employees. Sound Point strongly recommends that you seek outside advice from a qualified securities professional. Sound Point does not guarantee the suitability or potential value of any particular investment or information source. Clients of Sound Point Capital may from time to time be invested or otherwise hold an interest in companies or securities that may be discussed on the Site.
FORWARD LOOKING STATEMENTS
THE SITE MAY INCLUDE FORWARD LOOKING STATEMENTS THAT INVOLVE RISKS AND UNCERTAINTIES CONCERNING THE OPERATIONS, PROSPECTS, STRATEGIES, FINANCIAL CONDITION AND FUTURE ECONOMIC PERFORMANCE OF SOUND POINT CAPITAL’S BUSINESSES, AND OF THE FUNDS AND/OR OTHER INVESTMENT VEHICLES MANAGED BY SOUND POINT CAPITAL AS WELL AS SOUND POINT CAPITAL’S INTENTIONS, PLANS AND OBJECTIVES, THAT ARE BEYOND THE CONTROL OF SOUND POINT CAPITAL. THESE STATEMENTS ARE BASED UPON A NUMBER OF ASSUMPTIONS AND ESTIMATES WHICH ARE SUBJECT TO SIGNIFICANT UNCERTAINTIES, MANY OF WHICH ARE BEYOND THE CONTROL OF SOUND POINT CAPITAL. WHEN USED ON THE SITE, WORDS LIKE “ANTICIPATES,” “EXPECTS,” “BELIEVES,” “ESTIMATES,” “SEEKS,” “PLANS,” “INTENDS,” “WILL” AND SIMILAR EXPRESSIONS ARE INTENDED TO IDENTIFY FORWARD-LOOKING STATEMENTS DESIGNED TO FALL WITHIN SECURITIES LAW SAFE HARBORS FOR FORWARD-LOOKING STATEMENTS. THE SITE AND THE INFORMATION CONTAINED HEREIN DO NOT CONSTITUTE AN OFFER OR SOLICITATION OF AN OFFER FOR SALE OF ANY SECURITIES. NONE OF THE INFORMATION CONTAINED HEREIN IS INTENDED TO BE, AND SHALL NOT BE DEEMED TO BE, INCORPORATED INTO ANY OF OUR SECURITIES OFFERING MATERIALS, SECURITIES FILINGS OR DOCUMENTS.
ANY PERFORMANCE DATA EXPRESSED ON THE SITE IS AN INDICATION OF PAST PERFORMANCE AND DOES NOT INDICATE OR GUARANTEE FUTURE RESULTS. THERE IS A POSSIBILITY OF LOSS ON ALL INVESTMENTS AND INVESTOR PRINCIPAL IS NOT GUARANTEED. THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE, WHICH MAY BE SIGNIFICANTLY AFFECTED BY CHANGES IN ECONOMIC AND OTHER CONDITIONS.
As a condition to your use of the Site, you represent and warrant to, and agree with, Sound Point that, all information, including, without limitation, any information provided on the prospective user questionnaire, that you provide to Sound Point shall be truthful, accurate and complete.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE AND/OR SERVICES MADE AVAILABLE ON OR THROUGH THE USE OF THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DUE TO VARIOUS FACTORS, INCLUDING THE INHERENT POSSIBILITY OF HUMAN AND MECHANICAL ERROR, THE ACCURACY, COMPLETENESS, TIMELINESS AND CORRECT SEQUENCING OF SUCH INFORMATION, SOFTWARE AND SERVICES AND THE RESULTS OBTAINED FROM THEIR USE ARE NOT GUARANTEED BY SOUND POINT OR ANY PERSONS CREATING OR TRANSMITTING SUCH INFORMATION, SOFTWARE AND SERVICES.
THE USE OF THE SITE IS AT THE USER’S SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. SOUND POINT AND/OR ITS THIRD PARTY PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND OPERATION OF THE SITE AT ANY TIME WITHOUT NOTICE. THE SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS OR OTHER REASONS. SOUND POINT AND/OR ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE USE OF THIS SITE FOR ANY PURPOSE OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SITE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. SOUND POINT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER DAMAGE OR LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE SITE. IN NO EVENT SHALL SOUND POINT AND/OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR ACCESS TO THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SOUND POINT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OWNERSHIP OF CONTENT
Sound Point does not permit infringing copyright activities and other infringement of intellectual property rights on its site, and Sound Point will remove Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content made available on the Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an electronic mail address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please contact Sound Point’s designated Copyright Agent, Sarah Seelaus (email@example.com) to send notifications of claimed infringement. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Sound Point’s customer service through the Contact area of the Site. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.
NO UNLAWFUL OR PROHIBITED USE
REFERENCES TO PUBLICATIONS AND OTHER COMPANIES
References to any publication or any other company on the Site are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of Sound Point or that Sound Point endorses, recommends or approves the services or products of such companies. News stories reflect only the author’s opinion and not necessarily that of Sound Point.
LINKS TO THIRD PARTY WEBSITES
The Site contains links to websites operated by parties other than Sound Point, which Sound Point may not have been screened or reviewed and which may contain inaccurate, inappropriate or offensive material, products or services. Sound Point does not control such websites, and Sound Point assumes no responsibility or liability regarding the accuracy, reliability, legality or decency of such third-party websites, content, products or services. Such hyperlinks are provided for your convenience only. Sound Point’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
MODIFICATION AND MONITORING OF SITE
Sound Point has the right, but not the obligation, to monitor and record activity on the Site and respond as it deems appropriate. We may monitor and record activity on the Site for any reason or for no reason. Sound Point may investigate any complaint or reported violation of our policies. We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate.
TERMINATION AND CANCELLATION
Sound Point may modify or terminate the Site and terminate your access to the Site, without notice at any time and for any reason.
APPLICABLE LAW AND JURISDICTION
Unless otherwise specified, Sound Point controls and operates the Site from its offices within the United States of America.
Sound Point does not claim that materials in the Site are appropriate or available for use in locations other than those within the United States. If you choose to access the Site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
Software from the Site and any data included on the Site is further subject to United States export controls. Software and data from the Site may not be downloaded or otherwise exported or reexported outside the United States. By downloading or using such software or data, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside of the United States.
You agree to be bound by any agreement or consent you transmit to or through the Site via any media or electronic device, including internet, telephone and wireless devices.
Sound Point Capital Management, LP
375 Park Avenue, 33rd Floor
New York, NY 10152