California Resident Privacy Notice
CALIFORNIA CONSUMER PRIVACY ACT PRIVACY NOTICE
Last updated: January 2023
The purpose of this Privacy Notice is to provide you with information on our use of Personal Information (as defined in the CPRA) in accordance with the California Privacy Rights Act (the “CPRA”). In this Privacy Notice, “we”, “us” and “our” refers collectively to JANA Partners Management, LP, and its affiliates (together, “JANA”) and investment funds and accounts managed or advised by JANA (each, a “Fund” and collectively, the “Funds”). This Privacy Notice applies to all California residents. California residents with disabilities may request a .pdf version that is compatible with character recognition software.
Type of Personal Information Collected: In the past 12 months we have collected the following forms of Personal Information:
- identifiers such as your name, account name, postal and residential address, email address, contact details, corporate contact information, tax identification number, Social Security number, driver’s license number, passport number, or other similar personal identifiers;
- information classified as personal or protected information by state or federal law, including your nationality, place and date of birth;
- commercial information, including but not limited to, bank account details, source of funds details, and details related to your investment activity;
- visual information, including your signature; and
- sensitive personal information, including your Social Security, driver’s license, state ID card, or passport number; account log-in or debit/credit card number in combination with any access code, password, or account credentials; precise geolocation; racial/ethnic origin, religious/philosophical beliefs, or union membership; contents of mail, email, and text messages; genetic data; biometric information; PHI; or sex life or sexual orientation.
Personal Information does not include information that is publicly available, de-identified/aggregated, or subject to HIPAA or GLBA.
We may collect this Personal Information in various ways, including Personal Information provided by you through various interactions, including, but not limited to, investment in a Fund, or a resume given to us, by you, or on your behalf by a recruiter or other third party.
Use of Personal Information: Our storage, processing and use of Personal Information will take place for lawful purposes, including:
- to comply with any applicable legal, tax or regulatory obligations, under any applicable laws and regulations;
- to perform a contract to which you are a party or for taking pre-contractual steps at your request;
- to operate the Funds, including managing and administering investments in the Funds on an on-going basis which enables the Funds and their investors to satisfy their contractual duties and obligations to each other;
- to verify the identity of the Funds to third parties in connection with any actual or proposed investments and/or for any purpose which the Funds considers necessary or desirable;
- to assist the Funds in the improvement and optimization of marketing relating to our services;
- for risk management and risk control purposes relating to the Funds;
- to pursue the Funds’ or a third party's legitimate interests: (i) for direct marketing purposes; or (ii) to help detect, prevent, investigate, and prosecute fraud and/or other criminal activity, and share this data with legal, compliance, risk and managerial staff to assess suspicious activities;
- to provide you with information about our products and services; and/or
- where you otherwise consent to the processing of personal data for any other specific purpose.
Should we wish to use Personal Information for other specific purposes, we will contact you or provide you with other prior notice. We will not use Personal Information for any purposes inconsistent with this Privacy Notice without your permission.
Children’s Privacy: We do not knowingly collect or solicit personal information from anyone under the age of 16 without the prior consent of a parent or guardian.
Sharing Personal Information: We may disclose Personal Information to:
- the Funds’ service providers, including, but not limited to, administrators, auditors, law firms, accountants, advisors and consultants;
- affiliates (i.e., financial and non-financial companies related by common ownership or control);
- legal or government regulatory authorities as required by applicable law;
- in connection with a potential business transfer; and
- third parties to whom you or your agents authorize us to disclose such information in connection with the services with provide to you.
In the past 12 months, we have disclosed the following categories of Personal Information for a business purpose: identifiers, other personal information under the California Customer Records Statute, protected classification characteristics under California or federal law, commercial information, and sensitive personal information. In the past 12 months, we have not sold, nor will we sell, any Personal Information we collect to third parties.
Length of Time. We will keep your Personal Information we collect for as long as necessary to comply with our regulatory obligations.
Rights of California Residents: You have certain rights under the CPRA. Subject to certain exceptions and limitations, these include the right to: (i) request (a) the categories and specific pieces of Personal Information we collect, use, and disclose about you, (b) the categories of sources from which we collected your Personal Information, (c) our purposes for collecting, selling, or sharing your Personal Information, (d) the categories of your Personal Information (if any) that we have disclosed for a business purpose, and (e) the categories of third parties with which we have shared Personal Information; (ii) for certain categories of Personal Information, the right to request a list of what Personal Information (if any) we disclosed to third parties for their own direct marketing purposes in the past 12 months and the names and addresses of those third parties; (iii) request that we delete the Personal Information we have collected from you or maintain about you; (iv) opt out of our sale(s) (if any) of your Personal Information; (v) request we correct any inaccurate Personal Information maintained about you; (vi) limit our use of your sensitive personal information to only use that is necessary to perform the service expected or provide the goods reasonably expected; and (vii) not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CPRA.
You may submit requests relating to your exercise of rights under the CPRA to us via phone at (212) 455- 0900, or email at IR@JANAPartners.com.
You may only make a verifiable request for access or data portability twice within a 12-month period. All verifiable requests must provide (1) enough information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized agent and (2) sufficient detail that allows us to properly evaluate and respond to it. We may need to request additional information from you to verify your identity or understand the scope of your request. In verifying requests, we will require you to provide, at a minimum your initial investment date and amount. If we are unable to verify your identity, we will need to deny your request.
You may designate an authorized agent to make a CPRA request on your behalf. In such case, we will ask the agent to provide proof that you have given the agent signed permission to act on your behalf. In addition, we will ask you to (1) verify your identity directly with us in the manner described above and (2) directly confirm with us that you have provided the agent permission to make the request on your behalf.
We endeavor to respond to a verifiable request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.
Questions. If you have questions regarding this Notice, please contact us at IR@JANAPartners.com.