Last updated: June 2023
The purpose of this notice (this “Privacy Notice”) is to provide you with information on the use of Personal Information (as defined in the California Privacy Rights Act (“CPRA”) by JANA Partners Management, L.P. and certain of its affiliates (“we,” “us” or “our”) in accordance with the CPRA. Terms defined in the CPRA have the same meaning when used in this Privacy Notice. This Privacy Notice applies to all California residents (“consumers” or “you”). California residents with disabilities may request a .pdf version of this Privacy Notice that is compatible with character recognition software.
Types of Personal Information Collected. In the past 12 months, we may have collected and shared for a business purpose the following categories of Personal Information through this Site:
Personal Information does not include information that is publicly available, de-identified/aggregated, or subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or the Gramm-Leach-Bliley Act (“GLBA”).
We may collect Personal Information in various ways, including Personal Information provided by you through various interactions, including, but not limited to:
• Your communications with us;
• Our agents and service providers;
• Our affiliates;
• Information generated through use of our website; and
• Entities we do business with.
We also may receive your personal data from other third parties or sources, such as the administrator, publicly accessible databases or registers, tax authorities, governmental agencies and supervisory authorities, credit agencies, fraud prevention and detection agencies, or publicly accessible sources, such as the Internet.
Children’s Privacy. We do not knowingly collect, solicit or sell Personal Information from anyone under the age of 16 without the prior consent of a parent or guardian.
Purpose for Collection and Use of Personal Information. We may collect or use Personal Information for one or more of the following purposes:
• Providing information about our products and services; and
• One or more of the following business purposes:
o Performing services (for us or our service provider) such as account servicing, processing orders and payments, and analytics;
o Auditing related to our interactions with you (e.g., auditing compliance);
o Legal compliance;
o Detecting and protecting against security incidents, fraud, and illegal activity;
o Internal research for technological improvement;
o Internal operations;
o Activities to maintain and improve our services;
o To perform a contract to which you are a party or for taking pre-contractual steps at your request;
o For direct marketing purposes; and
o Where you otherwise consent to the processing of personal data for any other specific purposes.
Sharing Personal Information. We may disclose Personal Information in one or more of the categories identified above to:
• Agents and service providers, including, but not limited to: the administrator, brokers, auditors, legal advisors, law firms, financial advisors, consultants and placement agents;
• Business partners;
• Legal or government regulatory authorities and/or self-regulatory organizations 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 we provide to you.
In the past 12 months, we have not sold any Personal Information we collect to third parties, and we have shared the categories of Personal Information we collect only as set forth above.
Length of Time. We will keep your Personal Information for as long as necessary to comply with our regulatory or other legal obligations.
Rights of California Consumers. 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 collect your Personal Information; (c) our business or commercial purposes for collecting, selling or sharing your Personal Information; (d) the categories of Personal Information (if any) disclosed for a business purpose and the categories of persons to whom it was disclosed; and (e) the categories of your Personal Information (if any) that we have either sold, shared, or disclosed.
• 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.
• The right to request that we delete your Personal Information, subject to certain exceptions.
• The right to opt out of our sale(s) (if any) of your Personal Information.
• The right to request we correct any inaccurate Personal Information maintained about you.
• The right to limit our use of your sensitive Personal Information to only use that is necessary to perform the services expected or provide the goods reasonably expected.
• The right not to receive discriminatory treatment for exercising your CPRA rights.
You may submit requests relating to your exercise of CPRA rights to us via: phone at +1-212-455-0920; or e-mail 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 name and e-mail address. We will use the information you submit and the information we have in our systems to try to verify your identity and to match the Personal Information we have collected about you, if any, to your identity. 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. 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.
Questions. If you have questions regarding this Privacy Notice, please contact us at IR@janapartners.com.