Privacy and Security

For the purposes of applicable European Economic Area (“EEA”), European Union (“EU”) or United Kingdom (“UK”) data protection laws, including the General Data Protection Regulation (EU) 2016/679 and the UK equivalent of the EU GDPR, (collectively, “European Privacy Laws”), one or more of the Resmark entities will be the “controller” of any Personal Data. In simple terms, this means that we: (i) “control” the Personal Data that we process about you; and (ii) make certain decisions on how to use and protect such Personal Data.

(i) Personal Data that you give us

The types of Personal Data we collect concerning individuals includes:

1. business and personal contact information (such as name, postal and email addresses, and telephone number);
2. other information you provide to us (such as information provided by registering for email alerts, filling in forms, and online registration details); and
3. information we need in order to identify you and complete necessary security and safety checks, where you visit one of our buildings (such as a form of ID, and your image for closed-circuit television (CCTV) purposes).

In addition, in connection with a job inquiry or application, you may provide: login credentials; information regarding your work authorization status, education history, current or past job/employment history and professional designations; performance evaluations; and other information about your background and qualifications. In addition, where legally permissible, you may provide certain special category or sensitive Personal Data regarding your gender, race/ethnicity, and your veteran and disability status. Resmark will not consider either this information or your choice to decline to provide it in evaluating your qualifications for employment with us.

Depending on the nature of our relationship with you, we may also collect Personal Data concerning you in the following categories:

1. Identifiers (e.g., real name, postal address, email address, telephone number, government ID, financial information);
2. Protected characteristic information which may include “special category data” as defined under applicable data protection laws (e.g., date of birth, citizenship, birthplace);
3. Commercial information (e.g., products or services purchased, obtained, or considered, personal information disclosed in a sale or acquisition process);
4. Internet or other network activity (e.g. browsing or search history, information regarding interaction with an internet website, application, or advertisement);
5. Geolocation data (e.g. physical location);
6. Professional or employment-related information (e.g. job history, performance evaluations);
7. Non-public education information (e.g. education records);
8. Inferences drawn from other personal information (e.g. profiles reflecting preferences and trends); and
9. Certain sensitive Personal Data (e.g. social security, driver’s license, state identification care, or passport numbers, account log-in, financial account in combination with any required security or access code password, or credentials allowing access to an account only).

We do not collect or process special category or sensitive Personal Data other than:

• For Equal Employment Opportunity reporting and other legal and compliance purposes, and at all times in accordance with applicable data protection laws;
• To perform services, or provide goods, as would reasonably be expected by an average consumer who requests those goods or services;
• As reasonably necessary and proportionate to detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted Personal Data;
• As reasonably necessary and proportionate to resist malicious, deceptive, fraudulent, or illegal actions directed at us and to prosecute those responsible for such actions;
• For short-term, transient use (but not in a manner that discloses such information to another third party or is used to build a profile of you or otherwise alter your experience outside of your current interaction with us);
• To perform services on behalf of our business;
• To verify or maintain the quality or safety of a service or to improve, upgrade, or enhance such service or device; and
• To collect or process sensitive Personal Data where such collection or processing is not for the purpose of inferring characteristics about a consumer.

(ii) Personal Data provided by third parties or publicly available sources

In connection with electronic interactions you have with us or our service providers (including by email, phone or other forms of electronic communication), we may record and monitor details of those interactions, including their content, to the extent permitted or required by applicable law.

We may also collect some Personal Data from other sources, including:

1. if we have a business relationship with the organization that you represent (e.g., one of our vendors, business partners or portfolio companies), information from your colleagues or other business contacts such as your contact details or details of your role in the relationship where this is necessary to receive products or services from, or otherwise conduct business with, such organization;
2. information viewed on social media and other public online sources (e.g., LinkedIn); and
3. information from third party data providers or publicly available sources, including for anti-money laundering, background checking and similar purposes, and to protect our business and comply with our legal and regulatory obligations (which may include special categories of Personal Data, including information about any offences (including alleged offences), criminal proceedings, outcomes and sentences, for example to consider your suitability for a particular job role.

We may process Personal Data in relation to companies that we are evaluating in connection with a corporate transaction or potential investment. This information may include your Personal Data including: name, title, email address, postal address, job title, telephone number, passport or other government-issued identification, financial information and/or job and benefits information.
If you provide information to us about another person, you are responsible for complying with any legal obligations that may apply to your provision of the information to us.

(iii) Personal Data We Obtain By Automated Means

When you visit our Sites or open our emails, we may collect certain information by automated means (such as by cookies, web server logs, web beacons and JavaScript). The information we collect in this manner includes your IP address, network location, browser characteristics, device characteristics, operating system, referring URLs, information on actions taken on our Sites, and dates and times of website visits.

Cookies

Cookies are files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings on your device. We also may use these and similar technology in emails we send you to collect certain information, such as whether you opened or clicked on links in our email.

Types of Cookies We Use

Some of these cookies may be placed by third parties such as our service providers.

Where cookies are not necessary for us to provide the products or services you have requested or for the functioning of the Sites, we will ask you to consent to their use. You may opt-in to accept cookies automatically by changing the settings on your browser. Your browser may also tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. You also may be able to delete your Flash cookies or adjust your Flash cookie settings by visiting the Adobe Flash Website Storage Settings Panel and Global Storage Settings Panel. Please note, however, that without cookies you may not be able to use all of the features of our Sites or other websites and online services.

In conjunction with gathering information through cookies, our web servers may log information such as your device type, operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone in which your device is located. We also may record information such as the address of the web page that referred you to our Sites and the IP address of the device you used to connect to our Sites. We may log information about your interaction with the Sites, such as which pages you visit. To control which web servers collect information by automated means, we may place tags on our web pages called “web beacons”, which are small files that link web pages to particular web servers and their cookies. We also may send instructions to your device using JavaScript or other computer languages to gather the sorts of information described above and other details about your interactions with the Sites.

We may use third-party web analytics services on our Sites. These service providers help us analyze how visitors use the Sites. The information obtained for this purpose (including your IP address and other information collected by automated means) may be disclosed to or collected directly by these service providers.

The providers of third-party plugins and widgets on our Sites, such as embedded videos and social media sharing tools, may use automated means to collect information regarding your use of the Sites and your interactions with the plugins and widgets. This information is subject to the privacy policies or notices of the providers of the plugins and widgets and Resmark is not responsible for those providers’ privacy practices.

Manage cookie preferences

You can change your cookie preferences any time by clicking the below button. This will let you revisit the cookie consent banner and change your preferences or withdraw your consent.

*COOKIE PREFERENCES*

In addition to this, different browsers provide different methods to block and delete cookies used by websites. You can change the settings of your browser to block/delete the cookies. Listed below are the links to the support documents on how to manage and delete cookies from the major web browsers.

Chrome: https://support.google.com/accounts/answer/32050
Safari: https://support.apple.com/en-in/guide/safari/sfri11471/mac
Firefox: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox?redirectslug=delete-cookies-remove-info-websites-stored&redirectlocale=en-US
Internet Explorer: https://support.microsoft.com/en-us/topic/how-to-delete-cookie-files-in-internet-explorer-bca9446f-d873-78de-77ba-d42645fa52fc

If you are using any other web browser, please visit your browser’s official support documents.

• We may use, disclose or otherwise process the Personal Data described in this Privacy Notice for the following purposes to:
• operate, evaluate, develop, promote, and improve our business (including developing new products and services; enhancing, improving and analyzing our products and services; managing our communications; managing our premises; and performing accounting, auditing and other internal functions);
• create and manage your account;
• comply with and enforce applicable legal requirements (including corporate transaction and investment reporting), relevant industry standards and our policies;
• protect against, identify and prevent fraud, money-laundering, breach of confidence, cyber-attack, theft of proprietary materials, financial or business crimes, and other unlawful activity;
• operate, administer and improve the user’s experience of the Sites and to manage and ensure the safety of our premises and our Sites;
• provide our products and services to you, such as market commentary and email alerts;
• make suggestions and recommendations to you, or to provide you with updates or other information, about our business and services that may be of interest to you;
• send you (or produce) promotional materials, newsletters and other communications, including in visual and audio form (such as videos, podcasts and online seminars);
• communicate with you about, and administer your participation in, special events, programs, promotions, offers, surveys and market research;
• respond to your inquiries and to keep a record of your relationship with us;
• manage your employment application, assess your qualifications and manage your employment with us;
• verify your identity and information (including to conduct conflicts checks, anti-money laundering or KYC checks and to enable you to access our offices) or to evaluate a potential business partner or supplier;
• perform data analyses (including market and consumer research, demographic analyses and anonymization and aggregation of information);
• operate, schedule and facilitate online meetings, webinars and (video) conferences (for example, using Zoom and other online meeting platforms);
• record audio and video content (for example, of our in-person or online events, training, and meetings where permitted by, and collected in accordance with, applicable data protection law);
• conduct due diligence activities in connection with an actual or prospective corporate transaction or investment with respect to which we are party to (including a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding);
• obtain advice from our professional advisors (including lawyers and accountants), for litigation management and to conduct internal audits and investigations; and
• for any other purpose for which you have consented to or which we provide written notice at the time of collection.

In addition, we use information collected through cookies, web beacons, web server logs and other automated means for purposes such as (i) customizing our users’ visits to our Sites, (ii) delivering content tailored to our users’ interests and the manner in which our users browse our Sites, and (iii) managing our Sites and other aspects of our business.

No solely automated decision-making, including profiling, is used when processing your Personal Data.

CCTV operates in some of our buildings for security and safety purposes, in accordance with applicable data protection law. Where CCTV is not operated by us, the CCTV will be under the control of the relevant building landlord, manager or operator.

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

We rely on various legal bases under applicable data protection laws in order to process your Personal Data for the purposes described in this Privacy Notice, including, where European Privacy Laws apply, for our legitimate interests in operating our businesses (or those of a third party), contractual necessity and as required to comply with applicable law.

If, in limited circumstances, we are required to collect Personal Data to comply with a legal obligation or obligation or in order to perform a contract with you, and/or ask you to provide information which is purely voluntary, this will be indicated to you at the time we collect your Personal Data, as well as the possible consequences of you failing to provide this Personal Data. For example, we may require your passport details to verify your identity for the purposes of anti-money laundering regulations, and failure to provide this information may mean that we cannot conduct business with you. In such cases, we may have to cancel an existing business arrangement with you but we will notify you if this is the case at the time.

Note that we may process your Personal Data on more than one legal basis depending on the specific purpose for which we are using your Personal Data. We will only process your Personal Data as necessary so that we can pursue the purposes described above, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. Where we process your Personal Data for our legitimate interests as a business or those of a third party, we do so only where we have concluded that our processing does not prejudice you or your privacy in a way that would override our legitimate interest in pursuing those purposes. If we need to use your Personal Data for an unrelated purpose, we will notify you and explain the legal basis which allows us to do so.

(i) Marketing Communications

We and third parties acting on our behalf (such as Facebook, Twitter and LinkedIn) may collect information about your online activities over time and across third-party websites to provide you with advertising about products and services tailored to your interests.

We may also send you marketing newsletters, updates, alerts and similar marketing or promotional communications. Where required by applicable law, we will obtain your consent for the processing of your Personal Data for direct marketing purposes or we may do so based on our legitimate business interests where we have an existing relationship with you and we wish to contact you about similar products or services in which you may be interested. If you do receive direct marketing communications from us (for example, by post, email, fax or telephone), you may opt-out by clicking the link in the relevant communication, completing the forms provided to you (where relevant), or by contacting us (see the ‘Retention and Deletion of your Personal Data’ section for details).

(ii) Targeted Advertising

You may see our ads on other websites or mobile apps because we participate in advertising networks. Ad networks allow us to target our messaging to users by considering demographic data, users’ inferred interests and browsing context. These networks track users’ online activities over time by collecting information through automated means (such as by cookies, web server logs, web beacons and other similar technologies). The networks use this information to show ads that may be tailored to individuals’ interests, to track users’ browsers or devices across multiple websites or apps, and to build a profile of users’ online browsing activities. The information our ad networks may collect includes data about users’ visits to websites and apps that participate in the relevant ad networks, such as the pages or ads viewed and the actions taken on the websites or apps. This data collection takes place both on the Sites and on third-party websites and apps that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts.

The Sites are not designed to respond to “do not track” signals received from browsers.

To learn how to opt out of ad network interest-based advertising, please visit www.aboutads.info/choices, http://www.networkadvertising.org/choices/ or http://www.youronlinechoices.eu/.

We do not disclose Personal Data we obtain about you through the Sites or other channels covered by this Privacy Notice, except as described in this Privacy Notice and only as necessary for the purposes described in this Privacy Notice.

We may share your Personal Data with our affiliates and subsidiaries. Depending on the nature of our relationship with you, we also disclose Personal Data with service providers who perform services on our behalf, including our financial and transaction counterparties, our professional advisors, auditors, recruitment firms, consultants, IT, cloud services and data security providers, your agents and representatives, and other third parties. We do not authorize these persons to use or disclose the information except as necessary for the purposes for which it is provided or to comply with legal requirements, and we make sure anyone who provides a service to, or for us, enters into an agreement with us and meets our standards for data security.

We also may disclose information about you (i) if we are required to do so by law or legal process (including to comply with a judicial proceeding or court order), (ii) to law enforcement authorities, regulators and/or other government entities and/or other competent authorities based on a lawful disclosure request, or (iii) when we believe disclosure is necessary or appropriate to prevent harm or financial loss, or to otherwise protect our rights, or in connection with an investigation of suspected or actual fraudulent or illegal activity or any other legal or investigatory process involving us. We may disclose or transfer Personal Data we have about you or otherwise process in the event that we sell or transfer (or contemplate selling or transferring) all or a portion of our business or assets (including in the event of a takeover, divestment, reorganization, spin-off, dissolution or liquidation) to the new owner of the relevant business and their advisors.

In addition, we may share anonymous/aggregated information with third parties, such as service providers, in order to facilitate our business operations.

Mobile information shared with the use of the Global Relay application in connection with any business performed for you by Resmark will not be shared with third parties/affiliates for marketing/promotional purposes. Resmark will not send you text messages without your prior consent, and will include clear out-out procedures so that you can stop receiving such communications at any time. Notwithstanding anything else in this Privacy Notice, to the extent text messaging originator opt-in / opt-out data and consents are collected, such information will be solely used by Resmark’s third party providers to manage the text message opt-in / opt-out procedures.

For California Residents, within the last twelve (12) months, we have disclosed personal information collected from you for a business purpose to the categories of third parties indicated in the chart below. We may also disclose your information to other parties as may be required by law or regulation, or in response to regulatory inquiries.

We have not shared for the purposes of cross-context behavioral advertising or sold Personal Data in the 12 months preceding the date of this Privacy Notice.

We may transfer the Personal Data we collect about you to recipients in countries other than the country in which the information was originally collected to fulfil the purposes described in this Privacy Notice. Where you are based in the UK, EEA, or another country which imposes data transfer restrictions outside of its territory, please note that this may include transferring your Personal Data outside that geographical area, including to those countries in which our affiliates, group members, service providers and business partners operate (including the US). Those countries may not have the same data protection laws as the country in which you initially provided the information.

Where we transfer Personal Data outside of the UK, the EEA, or other territories subject to data transfer restrictions to our affiliates or our service providers, we will ensure that our arrangements with them are governed by adequate data transfer agreements or safeguards, which ensure that your Personal Data is protected to the extent required to comply with applicable data protection laws (including, where appropriate, under an agreement on terms approved for this purpose by the European Commission, UK Government, or other relevant authority, or by obtaining your consent).

Please contact us if you would like to know more about these safeguards applied to such transfers (see the ‘How to Contact Us’ section for details).

We maintain administrative, technical and physical safeguards designed to protect Personal Data in our possession or under our control against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity of your rights. We have also put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

We intend to keep your Personal Data accurate and up-to-date. We will delete (or fully anonymize) the information that we hold about you when we no longer need it for the purpose(s) it was collected, provided that we may retain your Personal Data to the extent required to comply with applicable law or regulatory obligations which apply to us, or where necessary to defend or pursue legal claims.

The Sites are only intended for individuals who are at least 13 years of age. We do not knowingly encourage or solicit visitors to the Sites who are under the age of 13 or knowingly collect Personal Data from anyone under the age of 13 without parental consent. If we learn we have collected or received Personal Data from an individual under the age of 13, we will delete that information.

You have rights under applicable laws in connection with the Personal Data we collect from you, including as set out below. To update your preferences or submit a request to exercise these rights, please contact us as indicated in the “How to Contact Us” section of this Privacy Notice.

To the extent provided by the law of your jurisdiction or otherwise applicable to our processing of your information, you may request access to the Personal Data we maintain about you or request that we correct, amend, delete or block the information by contacting us as indicated below.

(i) Rights under European Privacy Laws

To the extent European Privacy Laws apply to you, these rights, subject to certain limitations, may include:

• Right of access. You may have the right to access and receive a copy of the Personal Data that we hold about you, and to obtain some related information about the processing of your Personal Data, including the purpose for processing the Personal Data, the categories of recipients of that Personal Data, the safeguards in place to the extent such Personal Data has been transferred internationally by us, and, where the Personal Data has not been collated directly from you, the source. If you have requested a copy of your Personal Data, we may request that you pay a “reasonable fee”, if we think that your request is excessive, to help us cover the costs of locating the information that you have requested.
• Right of correction and/or deletion. You may also have the right to require any Personal Data to be corrected (if you think that the Personal Data we hold and process about you is inaccurate or it needs to be updated) or deleted (if you think that we should not be holding or processing your Personal Data anymore or (where applicable) you withdraw your consent). Please note that it may not always be possible for us to erase your Personal Data on your request, due to legal obligations. In addition, should you request erasure of the Personal Data, we may be unable to provide the services required by you.
• Right to withdraw consent. Where provided by law, you may withdraw any consent you previously provided to us and we will apply your preferences going forward. This will not affect the lawfulness of processing based on consent before its withdrawal.
• Restrictions on use. You can object to our use of your Personal Data for direct marketing purposes at any time. You may also have the right to object to our processing of some or all of your Personal Data (and require it to be deleted) where processing is based on legitimate interests (unless the controllers demonstrate compelling legitimate grounds for the processing) and in some other limited circumstances (e.g., where processing is undertaken for research or statistical purposes). You may also request that we stop processing your Personal Data (other than storing it), if: (i) you contest the accuracy of it (until the accuracy is verified); (ii) you believe the processing is against the law; (iii) you believe that we no longer need your Personal Data for the purposes for which it was collected, but you still need your Personal Data to establish or defend a legal claim; or (iv) you object to the processing, and we are verifying whether our legitimate grounds to process your Personal Data, override your own rights.
• Automated decision making. You have the right not to be subject to solely automated decision making (where it produces an adverse legal effect or significantly affects you).
• Right of data portability. In some limited circumstances, you may request for us to transfer your Personal Data to you or a third party, in a data portable format.

These rights are not absolute and in certain circumstances their exercise may not be possible including when Personal Data must be maintained to comply with applicable laws.

(ii) Rights for California residents

California residents have the following rights:

• Deletion Rights: You have the right to request that we delete any of your Personal Data 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. We will notify you in writing if we cannot comply with a specific request and provide an explanation of the reasons.
• 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 Data specific to you. Such information includes:
  • The categories of Personal Data we collected about you;
  •  The categories of sources from which the Personal Data is collected;
  • Our business or commercial purpose for collecting such Personal Data;
  • Categories of third parties with whom we disclose the Personal Data;
  • The specific pieces of Personal Data we have collected about you; and
  • Whether we disclosed your Personal Data to a third party, and if so, the categories of Personal Data that each recipient obtained.
• Correction Right: You have the right to request that we correct any inaccuracies in the Personal Data that we retain, subject to certain statutory exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations. We will notify you in writing if we cannot comply with a specific request and provide an explanation of the reasons.
• No Discrimination: We will not discriminate against you for exercising your rights under California privacy laws, 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.

We review and verify requests to protect your Personal Data, and will action data protection requests fairly and in accordance with applicable data protection laws and principles. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

(iii) Complaints

In addition to the above rights, you can also lodge a complaint about our processing of your Personal Data with the body regulating data protection in your country. We would, however, appreciate the opportunity to address your concerns before you approach the relevant supervisory authority, so please contact us in the first instance.

Our Sites may provide links to other websites for your convenience and information. These websites may operate independently from us. Linked websites may have their own privacy notices or policies, which we strongly suggest you review. To the extent any linked websites are not owned or controlled by us, we are not responsible for their content, any use of the websites, or the privacy practices of the websites.

This Privacy Notice may be updated periodically. We will post the updated version on the Sites and indicate at the top of the Notice when it was most recently updated. Please check for any updates regularly.