Privacy Statement

Harbert Website Privacy Policy

Last modified: 7/1/2018

1. Introduction

Harbert Management Corporation (“HMC”, the “Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.

This Privacy Policy (“Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit the website www.harbert.net (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • on our Website;
  • in email, text, and other electronic messages between you and our Website; and
  • when you interact with our advertising and applications on third-party website and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by HMC or any third party or
  • any third party (including advertising) that may be accessible from the Website

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using our Website, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of our Website after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

2. Information We Collect About You and How We Collect It

Generally

We collect various types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users.

Information You Provide to Us

The information we collect on or through our Website include:

  • information that you provide by filling in forms on our Website. We may also ask you for information when you report a problem with our Website;
  • records and copies of your correspondence (including email addresses), if you contact us;
  • your responses to surveys that we might ask you to complete for research purposes; and
  • your search queries on the Website.

If you refuse to provide such Personal Data or withdraw your consent to our processing of Personal Data, then in some cases we may not be able to enter into the contract or fulfill our obligations to you under it.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, specifically:

  • details of your visits to our Website, specifically traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, specifically your IP address, operating system, and browser type.

The information we collect automatically is statistical data and does not include Personal Data. This statistical data helps us to improve our Website and to deliver a better and more personalized service by enabling us to:

  • estimate our audience size and usage patterns;
  • store information about your preferences, allowing us to customize our Website according to your individual interests;
  • speed up your searches; and
  • recognize you when you return to our Website.
3. Lawful Basis for Processing Your Personal Data

If you are in the European Union, the processing of your Personal Data is lawful only if it is permitted under the applicable data protection laws. We have a lawful basis for our processing of your Personal Data, including processing for our legitimate interests (when balanced against your rights and freedoms), to fulfill our obligations to you under a contract with you, and required by law, and with your consent.

By using our Website, you consent to our collection, use, and sharing of your Personal Data as described in this privacy policy. If you do not consent to this privacy policy, please do not use the Website;

We may also process your Personal Data when we are required or permitted to by law; to comply with government inspection, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.

4. How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Data:

  • to present our Website and its contents to you;
  • to fulfill any other purpose for which you provide it;
  • to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  • to notify you about changes to our Website or any products or services we offer or provide though them; and
  • in any other way we may describe when you provide the information.
5. Disclosure of Your Information

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. However, we may disclose aggregated information about our users and information that does not identify any individual without restriction.

We may disclose Personal Data that we collect or you provide as described in this privacy policy:

  • to our subsidiaries and affiliates;
  • to contractors, service providers, and other third parties we use to support our business. Specifically, these entities provide IT and infrastructure support services;
  • to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Harbert’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Harbert about our Website’ users is among the assets transferred;
  • to fulfill the purpose for which you provide it;
  • for any other purpose disclosed by us when you provide the information; and
  • with your consent.

We may also disclose your Personal Data:

  • to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • to enforce or apply our terms of use (https://www.harbert.net/terms-and-conditions-of-use/) and other agreements, including for billing and collection purposes; or
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of HMC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
6. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
7. Your Rights Regarding Your Information and Accessing and Correcting Your Information

You may have certain rights under applicable data protection laws, including the right to access and update your Personal Data, restrict how it is used, transfer certain Personal Data to another controller, withdraw your consent at any time, and the right to have us erase certain Personal Data about you. You also have the right to complain to a supervisory authority about our processing of your Personal Data.

To exercise your rights, please contact HMC at opt-out@harbert.net or write us at 2100 Third Avenue North, suite 600, Birmingham, AL 35203.

8. Your California Privacy Rights

California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our Website that are California residents and who provide Personal Data in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Data to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Data and the names and addresses of those businesses with which we shared your Personal Data with for the immediately prior calendar year (e.g. requests made in 2018 will receive information regarding such activities in 2017). You may request this information once per calendar year. To make such a request, please send an email to opt-out@harbert.net or write us at 2100 Third Avenue North, suite 600, Birmingham, AL 35203.

9. Do Not Track Signals

Some web browsers permit you to broadcast a signal to website and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such signal is broadcast or received.

10. Data Security

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

11. Consent to Processing of Personal Data in the United States

If you are a resident of the European Economic Area (“EEA”), in order to provide our Website, products, and services to you, we will send and store your Personal Data outside of the EEA, including to the United States. Accordingly, your Personal Data will be transferred outside the country where you reside or are located, including to countries that may not or do not provide an adequate level of protection for your Personal Data.

By using our Website, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Data that you provide directly to us on our Website.

12. Data Retention Periods

We retain your Personal Data for as long as you maintain an investment with us. In some instances, we may keep it after your investment has ended, for example, we may keep it:

  • on our backup and disaster recovery systems;
  • for as long as necessary to protect our legal interests; and
  • to comply with other legal requirements.
13. Children Under the Age of 18

Our Website is not intended for children under 18 years of age. We do not knowingly collect Personal Data from children under 18. If you are under 18, do not use or provide any information on our Website or on or through any of its features. If we learn we have collected or received Personal Data from a child under 18 we will delete that information.

14. Contact Information

If you have any questions, concerns, complaints, or suggestions regarding our Privacy Policy, have any requests related to your Personal Data pursuant to applicable laws, or otherwise need to contact us, you may contact us using any of the methods below.

To Contact HMC

2100 Third Avenue North, suite 600, Birmingham, AL 35203

irelations@harbert.net