Privacy Policy

Last updated April 2021

1. Introduction

1.1. This website privacy policy (the “Website Privacy Policy”) describes the types of information Activant Capital and its affiliates (together, “Activant”, “we”, “our”, “us”) receives about you when you visit [www.activantcapital.com] (the “Website”) or collects about you in other contexts to assist us in supporting our portfolio companies. It describes what we do with information about you, how we protect it, and how you can contact us if you have a question or concern about the information we hold about you. Your use of this Website is also subject to the Terms of Use available on the Website.

1.2 If you are an investor or potential investor in an Activant fund entity, or affiliated co-investment entity, or a representative thereof (together, “Activant Investors”), information we collect about you and the privacy policy that governs the collection of such information is separate from this Website Privacy Policy [and is available by contacting us via the methods described below] (the “Investor Privacy Notice”).

1.3 If you have questions about this Website Privacy Policy, you may contact us using the methods described below in Section 12.

2. Information we receive about you when you visit the website and how we use it

2.1 When you visit the Website, you may provide us with certain information about yourself and we will receive other information regarding your use of the Website. We collect, and have collected over the last twelve (12) months, the following information about visitors to the Website:

(a) Information you may choose to submit to Activant using any means of contact listed on the Website, including the “Contact Us” form and your name, email address and message submitted using such form. In such instances, we will use such information to maintain our business records, manage our relationship with you, communicate with you, and comply with Law (defined below); and

(b) Information you submit when you make requests pursuant to Section 7, will be used for the purposes of responding to those requests or as otherwise permitted by law.

3. Information about you receive in other contexts and how we use it

3.1 When you interact with us outside the context of the Website, including in person, over email and telephone, we may receive certain information about you. We collect, and have collected over the last twelve (12) months, the following information: [your name, telephone number, email address and employment information].In such instances, we will use such information to [support our portfolio companies, including in relation to their recruitment management.]

3.2 We also automatically collect certain information about your interaction with the Website (“Usage Data”). To do this, we may use cookies[, web beacons/clear gifs, or other geolocation tracking technologies (“Tracking Technologies”). Usage data may include: [unique device identifiers, device type, IP address, browser type, date and time stamps (such as the date and time you first accessed the Website), operating system, log data, precise location, and other information regarding your interaction with the Website, such as clickstream data and ad impressions.

4. With whom do we share information collected about you

We share, and have shared over the last 12 months, information collected about you with selected third parties. The categories of recipients include the following:

(a) All recipients to whom we may be required to disclose such information when required by a valid subpoena or court order, or as otherwise required by applicable law, regulation, legal or judicial process or audit, decision of a court or arbitral tribunal, decision of a governmental authority with relevant powers, or by the rules of applicable stock exchange or recognized market place, or requested or required by a regulator, bank examiner or self-regulatory organization or pursuant to mandatory ethics rules (together, “Law”);

(b) Web hosting service providers, including [ X ];

(d) Providers of professional advisory services, including consultants, legal advisors and accountants and other third party service providers; and

(e) Our portfolio companies.

In addition to the above list of recipients, we may also share your information in connection with an asset sale, merger, bankruptcy, or other business transaction, to enforce any applicable terms of service, to ensure the safety and security of Activant and/or our Activant Investors, and when you request we share certain information with third parties.

4.2 We do not, and will not, sell information collected about you.

5. How we protect information collected about you

5.1 While we maintain certain policies to protect information that we may collect about you, no method of transmission over the Internet is completely secure.Therefore, while we strive to protect information about you that we collect, we cannot guarantee absolute security and confidentiality.

6. Do not tract signals and cookies

6.1 Do Not Track Signals: “Do not track” signals are preferences that users can set on their web browsers to limit how their activity is tracked across online services. While the Website does not respond to “do not track” signals in your web browser, we do not track the activity of users of the Website across online services and our Website.

6.2 Cookies: You may control the way in which your devices permit the use of Tracking Technologies. If you so choose, you may block or delete our cookies from your browser; however, blocking or deleting cookies may cause some aspects of the Website to work incorrectly.

Most browsers accept cookies automatically. However, you may be able to configure your browser settings to use the Website without some cookie functionality. You can delete cookies manually or set your browser to automatically delete cookies on a pre-determined schedule. For example, in the Internet Explorer menu bar, select: Tools → Internet Options → Browsing History → Delete to view manual and automatic options.

To opt out of tracking by Google Analytics, click here.

7. California rights under the California Consume Privacy Act

7.1 Where applicable, if you are a California resident you may have the following rights under the California Consumer Privacy Act of 2018 (the “CCPA”) in relation to “personal information” we have collected about you as defined in the CCPA; these rights are, to the extent required by the CCPA and subject to verification and any applicable exceptions:

(a) Right to Know/Access: You have the right to request that we disclose certain information to you about our collection and use of certain personal information about you as described below:

(i) the specific pieces of personal information collected;

(ii) the categories of personal information collected;

(iii) the categories of sources from whom the personal information is collected;

(iv) the purpose for collecting the personal information; and

(v) the categories of third parties with whom we have shared the personal information.

(b) Right to Delete: You have the right to request that we delete the personal information.

7.2 To request your exercise of the rights described above, please submit a request to us via one of the contact methods identified below in Section 12.

7.3 Freedom from Discrimination: You have the right to be free from unlawful discrimination for exercising any of the rights above.

7.4 We will need to verify your identity prior to addressing your request.

7.5 Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to personal information collected about you.To designate an authorized agent, the authorized agent must provide sufficient information that allows us to reasonably verify that they have been authorized by you to act on their behalf.

8. Access by persons with disabilities

8.1 Persons with disabilities who need assistance accessing this Website Privacy Policy may contact us as provided for in Section 12, and depending on your individual needs, we will grant reasonable requests to furnish this policy in an alternative format.

9. Third party websites

9.1 This Website may from time to time contain links to other external websites. This Website Privacy Policy does not apply to third-party websites. We do not control and are not responsible for the privacy practices or the content of third-party websites.

10. International Users

10.1 The Services are designed for users in the United States only and are not intended for users located outside the United States.

11. Updates to our website privacy policy

11.1 We may modify this Website Privacy Policy from time to time in which case we will update the “Last Updated” date at the top of this Privacy Policy. If we make changes that are material, we will take steps as required by law, including notifying you via the Website and obtaining your consent. The updated Website Privacy Policy will be effective as of the time of posting, or such later date as may be specified in the updated Website Privacy Policy.

12. Contact Us

12.1 Activant may be contacted at the below for all questions relating to this Website Privacy Policy:

E-mail: info@activantcapital.com
1-203-489-9083
323 Railroad Avenue, Greenwich, CT 06830