Privacy Notice

Last Updated January 14, 2020

Important information and who we are

Purpose of This Privacy Notice


This Privacy Notice describes how Angelo, Gordon & Co., L.P. and its affiliates (“Angelo Gordon”, “we,” “our,” or “us”) collects and processes your Personal Information (as defined below) through your interactions with us, including your use of this website (“Website”), including any data generated or any data provided by you or otherwise communicated when you use the password-protected section of our Website for investors (the “Investor Portal”).

This Privacy Notice is not intended to override any other privacy notice we provide you in specific circumstances.

For users who are located in the European Union (EU) or European Economic Area (EEA) and Switzerland and subject to the General Data Protection Regulation (GDPR), please review this Privacy Notice and see the below Section 12 for a description of your rights and other information related to the GDPR.

For users who are California residents and subject to the California Consumer Privacy Act (CCPA), please review this Privacy Notice and see the below Section 14 for a description of your rights with regard to your Personal Information and other information related to the CCPA.

Keep in mind that the rights discussed in certain sections of this Policy may be subject to exemptions or other limitations under applicable law.

1.      How to Contact Us


If you have any questions about this privacy notice or how we treat your personal information, please contact us at:

Email address: [email protected]
Postal address: Angelo, Gordon & Co., L.P., 245 Park Avenue, 25th Fl., New York, NY 10167 USA

2.      Third-party Links


This Website may include links to third-party websites, plug-ins and applications.  Clicking on those links or enabling those connections may allow third parties to collect or share data about you.  We do not control these third-party websites and are not responsible for their privacy statements.  When you leave our Website, we encourage you to read the privacy notice of every website you visit.

3.      What Personal Information Do We Collect?


When we use the term “Personal Information” we  mean any information  that can help us directly or indirectly identify you. We collect some of this information when it is provided by you directly, and other information when it is collected automatically when you visit our site, or use the Investor Portal.

When you interact with us through the Website , we may automatically collect the following types of Personal Information:

  • Technical Information, which may include your internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform on the devices you use to access this Website.
  • Usage and Electronic Network Activity Information, namely, information about how you use our Website including, but not limited to, how long you spend on it and which pages you visit.
  • Geolocation Data, including location-enabling services such as WiFi and GPS, and the physical location from which you access our Website.
  • Aggregate Data, which means information that relates to a group or category of individuals, from which individual identities have been removed, that is not linked or reasonably linkable to any person or household.  For example, we may aggregate your Usage Information to calculate the percentage of users accessing a specific Website feature.  We collect, use and share Aggregated Data such as statistical or demographic data for any lawful purpose.  However, if we combine or connect Aggregated Data with your Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information, and which will be used in accordance with this Privacy Notice.

Depending on how you interact with us, we may also collect, use, store and/or transfer different kinds of information about you, such as:

  • Identifying Information, including your first name, last name, username or similar identifier, title, date of birth, and spouse’s name.
  • Characteristics Information, including your gender or marital status.
  • Contact Information, including your mailing address, email address and telephone numbers.
  • Financial Information, including your tax documents.
  • Transaction Information, including details about the investment activities of the funds or accounts managed by us in which you have invested.
  • Profile Information, including your username and password, and account preferences.
  • Correspondence and Communications, including records of information provided by you when you contact us with feedback, comments, questions or for any other reason.
  • Employment Information, including certain information collected to process applications, to conduct background checks, to determine legal eligibility for employment or for other related purposes for those applying for employment with us.
  • Inferences Drawn From Other Information. Certain information we collect from the above categories may be used to create a profile reflecting your preferences, tendencies, and the like.

If You Fail to Provide Personal Information


Where we need to collect Personal Information by law or under the terms of a contract we have with you, and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with investment services).

4.      How is Your Personal Information Collected?


We use different methods to collect information from and about you:

  • Automated technologies or interactions.  As you interact with our Website , we may automatically collect Technical Information about your equipment and browsing.  We collect and store this Personal Information by using cookies and server logs. For more information on our use of cookies, see Section 6 below. We may also collect Technical Information about your browser through web beacons in emails sent from our website, including investor notifications and marketing emails, to confirm if they were received and opened.
  • Third parties or publicly available sources.  We may receive Personal Information about you from various third parties and public sources, as permitted by law, as set out below:
    • Aggregated Data from Google Analytics;
    • Identity and Contact Information from publicly available sources, such as your website, industry conference websites, industry publications, etc;
  • Direct interactions.  You may give us information that we use or store on this Website by filling in forms or by corresponding with us by post, phone, email or otherwise.  This includes Personal Information you provide when you:
    • engage our investment services or subscribe to a fund that we manage;
    • create an account on our Website’s Investor Portal; or
    • request or agree to receive marketing emails, offers, and publications from us.

If you are in the European Union or European Economic Area you can find out more about your rights in relation to your Personal Information that we handle by consulting Section 12, below, or by consulting the Guide to the GDPR published by the Information Commissioner’s Office, which is available by clicking here.  For users of the Investor Portal, you may also find out more about your rights in relation to your Personal Information that we handle by consulting the Privacy Notice that has been provided to you, which is also available by clicking here.

5.      How Do We Use Your Personal Information?


We will only use your Personal Information via this Website in accordance with applicable law.  Most commonly, we use your Personal Information in the following circumstances:

  • To communicate with you, including sending messages, providing customer service, and responding to your requests.
  • Where we need to perform our obligations under contract(s) related to your investments.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity.
  • Where we need to comply with a legal or regulatory obligation.
  • Undertaking internal research to help improve our Website, and products or services.
  • To provide you with certain marketing communications when requested by you.

Purposes for which we will use your personal information


The table below describes how we may use your Personal Information via this website and on what basis.  We have also identified what our legitimate interests are where appropriate.

Note that we may process your Personal Information on more than one basis depending on the purpose for which we are using your information.  Please contact us if you have questions or would like further information.

Purpose/Activity

To use data analytics to improve our Website, products/services, marketing, customer relationships and experiences

Type of information

  • Technical
  • Usage

Basis for processing

Necessary for our legitimate interests (to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To facilitate your investments in funds and accounts managed by us, including to:

  • Provide access to account statements, tax documents and other account related documents.
  • Distribute investor letters and other communications relating to your investments.
  • Provide access to required regulatory forms.

  • Identity
  • Contact
  • Financial
  • Transaction
  • Marketing and Communications

  • Performance of a contract with you
  • Necessary for our legitimate interests of managing our overall relationship with you.
  • Necessary to comply with a law or regulation

To manage our relationship with you which will include:

  • Notifying you about changes to our Website terms of use, Website Privacy Notice, or your investments with us.
  • Asking you for feedback.
  • Identity
  • Contact
  • Profile
  • Marketing and Communications
  • Performance of a contract with you
  • Necessary to comply with a legal obligation
  • Necessary for our legitimate interests of maintaining complete, accurate records and studying how clients use our products/services

To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

  • Identity
  • Contact
  • Technical
  • Usage
  • Necessary for our legitimate interests of running and safeguarding our business, providing administration and IT services, ensuring network security, and preventing fraud
  • Necessary to comply with legal obligations

To keep you updated on relevant developments in capital markets and other investment news.

  • Identity
  • Contact
  • Profile
  • Necessary for our legitimate interests of keeping our clients informed of our views of the capital markets and relevant investment news

Marketing


Certain documents posted to the Investor Portal may contain communications that are considered marketing.  You are not required to access such documents in order to use the Investor Portal.

In addition, you may receive marketing communications from us if you have requested information from us or automatically if you have previously engaged us as investment advisor and, in each case, you have not opted out of receiving that marketing.

You can ask us to stop sending you marketing communications at any time by contacting us at [email protected] at any time.

Where you opt out of receiving marketing communications, this will not apply to personal information provided to us as a result of investment activities or other transactions.

Change of Purpose


We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another purpose and that purpose is compatible with the original purpose, except where prohibited by law.

Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Cookies


When you visit our Website, you will not have the opportunity to reject our use of strictly necessary cookies, which are necessary for the Website to function.  You may set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies, or as described below, install certain plugins to refuse use of Google Analytics tools.  Some web browsers may transmit “do-not-track” (DNT) signals.  We currently do not respond to DNT settings in your web browser.

We use cookies only for administering the Website and ensuring website security.  If you disable or refuse cookies, please note that some parts of this Website and our Investor Portal may become inaccessible or not function properly.

The table below describes the cookies we use, their names, and what we use the cookies for:

Type of cookie

“Remember Me” cookie

Purpose

This cookie is used to remember a client who signs in through a mobile device.  If you check this box when you log in on your mobile device, we will store your login information and your mobile device identifier in this cookie.

Investor portal session cookies

This encrypted cookie is used to collect information about how a client uses the private part of our website, after logging in.  It stores a user’s identity and associated IP address, pages visited, and documents downloaded only for the length of the login session.

The IP address will be kept in our third-party IT provider, ITG’s, server logs for at least twelve months for website security functions.  We do not store session cookies by user, so we cannot link together multiple sessions by a particular user.

Analytics cookies

We may use analytics cookies through Google Analytics to collect Aggregate Data to help us understand how people use our website. You can find out more information about Google Analytics cookies here. You can prevent the use of Google Analytics relating to your use of our Website  by downloading and installing the browser plugin available here.

7.      How Do We Share Your Personal Information?


We may share your personal information with the parties set out below:

  • Internal Third Parties:  Angelo Gordon affiliates including investment funds that we manage.  The groups in Angelo Gordon may share information where it is necessary to perform a contract we have entered or will enter with you, in our legitimate interests, or necessary to comply with a legal or regulatory obligation.
  • External Third Parties:
    • Provide Services and Operate Website. Service providers, including Imagineer Technology Group, and other third-party providers of information technology resources.  We may share your Personal Information with service providers that perform certain functions or services on our behalf in order to fulfill the services you request from us.  These include third parties which host our Website, manage databases, perform analyses, send communications for us, process transactions on our behalf, or provide certain other components of our Website.  We do not authorize service providers to use or disclose the information, except as necessary to perform services on our behalf.
    • Legal process.  We may disclose your Personal Information to law enforcement, regulators and other government agencies, regulator bodies, or individuals, to the extent necessary to respond to subpoenas, court orders, or other legal processes in response to a request for cooperation from law enforcement or another government agency, in order to comply with our legal and regulatory obligations.
    • Protection of our clients and services.  We may disclose your Personal Information to third parties such as law enforcement if we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity, or violation of our Terms of Use or other contracts.

We require all third parties to respect the security of your Personal Information and to treat it in accordance with the law.  We do not allow our third-party service providers to use your Personal Information for their own purposes and only permit them to process your Personal Information for specified purposes and in accordance with our instructions.

8.      How Long Do We Retain Your Personal Information?


We will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.  Technical Information regarding your visit to this Website is retained only for the duration of the browser session in which you accessed the site.

For users of the Investor Portal, we will retain your Personal Information specifically concerning your investment for a minimum of 6 years after you have exited your investment in one of our funds.

In some circumstances we may anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

If you are in the European Union or European Economic Area you can find out more about your rights in relation to our retention of your personal information consulting Section 12, below, or by consulting the Guide to the GDPR published by the Information Commissioner’s Office, which is available by clicking here.  For users of the Investor Portal, you may also find out more about your rights in relation to our retention of your personal information by consulting the Privacy Notice that has been provided to you, which is also available by clicking here.

9.      How Do We Secure Your Personal Information?


We use reasonable technical, administrative and physical security measures to protect your Personal Information.  We of course cannot guarantee that any information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from unauthorized access or use (e.g., by hackers).  We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties while or after you transmit your information to us.

If you create an account on our Investor Portal, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any activity that occurs using your account credentials, whether or not you authorized such activity.  Please notify us of any unauthorized use of your password or account or any other breach of security.

10.      Children’s Privacy


Our services are not directed at individuals under the age of 18.  We do not knowingly collect information from children under the age of 18.  If we become aware that a child under 13 has provided us Personal Information, we will delete such information from our files.

As a parent or guardian, if you become aware that your child has provided us with Personal Information, you should contact us at the email address provided in the Section 1 above.

11.      Changes to this Privacy Notice


We may change this Privacy Notice from time to time.  When we do, we will update you by posting the changed Privacy Notice on this page with a new “Last Updated” date.  In some cases, we may also inform you of changes by additional means, such as by sending an email to your email address in our records.

12.   Information Collected from Individuals in the European Union
         and European  Economic Area


Your Legal Rights

You have various rights under the EU GDPR in relation to the Personal Information we hold about you.  These include:

  • the right to request access to your Personal Information and obtain a copy of the information we hold about you;
  • the right to correct your Personal Information that we hold where it is incomplete or inaccurate;
  • the right to have your Personal Information erased where there is no good reason for us continuing to use or retain it;
  • the right to request that your personal information is used only for restricted purposes;
  • if the lawful basis for processing your Personal Information is either our or a third party’s legitimate interests, the right to object to your Personal Information being processed;
  • the right to require certain of your Personal Information to be transferred to you or a third party; and
  • the right to lodge a complaint with the relevant data protection authority in your jurisdiction (for example, the Information Commissioner’s Office in the United Kingdom).

If you wish to exercise any of these rights, please contact Angelo Gordon Client Services at [email protected] or by post at Angelo, Gordon & Co., L.P., 245 Park Avenue, 25th Floor, New York, NY 10167 USA.

We try to respond to all legitimate requests within one month.  Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests.  In this case, we will notify you and keep you updated.

13.      International Transfers


This Website is hosted in the United States.  If you access this Website from the EEA, you are voluntarily transferring your Personal Information to the United States, a jurisdiction which does not offer the same type of protection to the Personal Information of individuals as countries within the EEA.

14.      California Residents and the CCPA

The CCPA imposes certain obligations on us and grants certain rights to California resident investors (“California Resident,” “you,” or “your”) with regard to “Personal Information.”  If you are a California Resident, please review the following information about your potential rights under the CCPA.  The rights described herein are subject to exemptions and other limitations under applicable law.

Terms used herein have the meaning ascribed to them in the CCPA.  We are a “business.”  “Personal Information” under the CCPA and for the purposes of this section means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a California Resident or a household.  It does not include deidentified information, aggregate consumer information, or publicly available information (as defined in the CCPA).

Our Collection, Use, Disclosure, and Sharing of Personal Information

We do not sell or disclose your Personal Information except as permitted by the CCPA or other laws.   

In the preceding 12 months: (i) we may have collected all or some of the categories of Personal Information listed above in Section 3 from the sources listed in Section 4; and (ii) we may have disclosed none, all, or some of the same categories of Personal Information for a business purpose. 

We collect and use Personal Information for the business or commercial purposes listed above in Section 5.  We may collect or use Personal Information for all or just a few of these purposes with regard to a particular California Resident.

In the preceding 12 months, we may have shared none, all, or some of your Personal Information with the categories of third parties listed above in Section 7.  We may share Personal Information with none, all, or just a few of these types of third parties with regard to a particular California Resident.

We may disclose your Personal Information to our service providers or other entities that have agreed to limitations on the use of your Personal Information or that fit within other exemptions or exceptions in or as otherwise permitted by the CCPA or other applicable laws.

California Residents’ Rights Under the CCPA 

If your Personal Information is subject to the CCPA, you may have certain rights with regard to such Personal Information, including the right to:

(1)   Be informed, at or before the point of collection, of the categories of Personal
        Information to be collected and the purposes for which the categories of Personal
        Information shall be used.

(2)  Request that we delete any Personal Information about you that we have collected or
       maintained, subject to certain exceptions (“request to delete”).  We reserve the right to
       retain, and not to delete, certain Personal Information after receipt of a request to delete
       from you where permitted by the CCPA or where another law or regulation is applicable. 
       We may retain your Personal Information if doing so is necessary for us or our service
       providers to, for example:

      • Comply with a legal obligation. 
      • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
      • Complete a transaction for which we collect the Personal Information, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you.
      • Use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the Personal Information.

(3)   Request that we, as a business that collects Personal Information about you and that
        discloses your Personal Information for a business purpose, disclose to you (“request to
        know”):

      • 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 purpose for collecting or selling the Personal Information. 
      • The categories of third parties with whom we share Personal Information. 
      • The specific pieces of Personal Information we have collected about you.
      • The categories of Personal Information we have disclosed about you for a business purpose.

(4)   Not be discriminated against because you exercised any of your rights under the CCPA.

The CCPA does not restrict our ability to do certain things like comply with other laws or comply with regulatory investigations.  In addition, the CCPA does not apply to certain information, including, generally, Personal Information collected, processed, sold or disclosed pursuant to the Gramm-Leach-Bliley Act and its implementing rules and regulations.  We also reserve the right to retain, and not to delete, certain Personal Information after receipt of a request to delete from you where permitted by the CCPA or another law or regulation. 

How to Submit a Request Under the CCPA  

You may submit requests to know or requests to delete through the following toll-free telephone number 800 805 0024, or via email at [email protected]

We are required to provide certain information or delete Personal Information only in response to verifiable requests made by you or your legally authorized agent.  We may need to request specific information from you or your agent to help us confirm your identify or your agent’s authorization to act on your behalf and ensure your right to access the requested information.  Any information gathered in this process will be used for verification purposes only. 

We will deliver responses to verifiable consumer requests, free of charge, either through your online account with us, if you have such an account already, or, if you do not have a pre-existing online account, by mail or electronically, at your election.

We will try to respond to your requests to know or to delete within forty-five (45) days of receipt of the request.  If we require more time, we will try to inform you of our need for an extension.  Even with an extension, we will try to provide a response within ninety (90) days of initial receipt of the request. 

Keep in mind that we are not required to provide information in response to requests to know more than twice in a 12-month period.  Any response to a request to know will only cover the 12-month period preceding the verifiable request. 

Contact for More Information

If you have any questions or concerns about this California-specific section of our Privacy Notice please contact us using the information above in Section 1.