CALIFORNIA CONSUMER PRIVACY ACT PRIVACY NOTICE

Last updated: May 8, 2020

The purpose of this Privacy Notice is to provide you with information on our use of Personal Information (as defined in the CCPA) in accordance with the California Consumer Privacy Act (the “CCPA”). In this Privacy Notice, “we”, “us” and “our” refers collectively to JANA Special Situations 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; and
  • visual information, including your signature.

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. We may collect additional forms of Personal Information in the future.

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; 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.

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); and
  • legal or government regulatory authorities as required by applicable law.

In the past 12 months, we have not sold, nor will we sell, any Personal Information we collect to third parties.

Rights of California Residents: You have certain rights under the CCPA. 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 or selling 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; and (v) not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA.

You may submit requests relating to your exercise of rights under the CCPA to us via phone at (212) 455-0900, or email at IR@JANAPartners.com.

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 CCPA request on your behalf by sending us two forms of identification showing your first name, last name, and current address, and a signed authorization allowing an agent to request information on your behalf.