Privacy Policy

Strategic Value Partners, LLC and its subsidiaries and affiliates (collectively referred to as “SVP” or “we/us/our”) are committed to safeguarding the private information entrusted to us by our clients and visitors to this website. SVP has implemented this Privacy Policy to govern the use of personally identifiable information (“Personal Information”) that we collect via this website or that visitors to this website send to SVP when communicating electronically with this website via email or otherwise. This Privacy Policy does not govern Personal Information collected from any other source or in any other manner. Furthermore, this Privacy Policy is incorporated by reference into the Terms of Use of this website.

By using or accessing this website, you are deemed to have accepted this Privacy Policy. If you do not agree to abide by this Privacy Policy, please do not use this website.

Collection and Use of Information

Information Collected

SVP respects the privacy of its visitors and does not generally seek to identify its visitors or to collect information regarding their use of this website. Although SVP may track the number of visits to each of the pages of this website, no Personal Information is collected in the process. The type of information that is automatically collected by SVP can include date and time of access of this website, the Internet protocol address of the computer that you are using, the domain and host from which you access the Internet, your browser software and operating system, and the specific activities you are engaged in while visiting this website. This aggregate tracking information is used to help SVP improve and enhance this website experience for all of its visitors. SVP will collect some limited Personal Information that you voluntarily provide such as your name, address, telephone number and/or email address, if you communicate with us via email in response to any prompts on this website or if you register with this website so as to make use of the password-protected interactive functionality. Additionally, if you elect to enter the password-protected area of this website, then (a) this website will recognize who you are and will collect all information that you submit and (b) any information collected about you from this website may be associated with other information that SVP has collected from other sources about you. We do not knowingly collect information from minors nor do we target this website to minors.

Use of Your Personal Information

The Personal Information we collect about you from this website may be used to manage this website’s interactive functionality, to help SVP improve and enhance this website experience for all of its visitors (as mentioned above) and for compliance with SVP’s legal and regulatory obligations. We may also use this information to contact you or, if applicable, your designated representative, via direct postal mail and/or electronically to the extent such activity is permitted by law, regarding your relationship with SVP and otherwise as you permit. You may opt out of receiving electronic information from SVP. Additionally, at the time that SVP provides you with such information electronically, we will also provide you with an opportunity at that point to opt out of receiving future information electronically.

Disclosure of Your Personal Information within SVP

In order to provide you with efficient and reliable services and to improve product and service options available to you, SVP may share your Personal Information with our affiliates as required or permitted by applicable law. Our affiliates are companies controlled or owned by us, or companies that control us, or are under common control with us.

Disclosure of Your Personal Information to Non-Affiliated Third Parties

SVP will not sell or market Personal Information collected on this website to non-affiliated third parties for their marketing purposes. However, regardless of whether you have chosen to limit our sharing of your Personal Information as collected on this website, SVP may, without restriction, disclose aggregated statistics about visitors to this website, along with specific information concerning individual visitors of this website that is not Personal Information, provided that no specific individual can be identified by the information so disclosed. SVP may also share your Personal Information, without restriction (and regardless of whether you have chosen to limit our sharing of your Personal Information as collected on this website), with companies that we hire to perform services for us, such as vendors that provide data processing, computer software maintenance and development, transaction processing and marketing services, and companies providing professional, legal or accounting advice to SVP. In such situations, SVP requires that these companies agree to (a) maintain the confidentiality of your Personal Information and (b) limit the use of such Personal Information to the purposes for which it was provided. Furthermore, in compliance with privacy laws, we also provide our opt-out lists to non-affiliated third party companies so that they can be suppressed from the communications those companies send on SVP’s behalf. Finally, under limited circumstances, regardless of whether you have chosen to limit our sharing of your Personal Information as collected on this website, your Personal Information may be disclosed to non-affiliated third parties as either permitted by, or to comply with, applicable laws and regulations. For example, SVP may disclose your Personal Information to comply with investigations by regulatory authorities or enforcement agencies in the United States of America or elsewhere, or to protect against or prevent actual or potential fraud. Furthermore, SVP may disclose your Personal Information if it has a reasonable good faith basis to believe that it is required to do so by law, compelled by court order or legal process, or is reasonably necessary and/or appropriate to: (i) protect the rights, property and/or safety of SVP or any other person or entity; or (ii) prevent or take action concerning any alleged: (a) illegal activity or (b) breach of the Terms of Use or Privacy Policy of this website.

Safeguarding of Information

If you access this website from a country with strict data protection laws you should be aware that, by interacting with this website, you may be sending information about yourself to SVP in the United States of America or other countries which do not have strict data protection laws. SVP maintains reasonable standards of confidentiality and security for this website and the Personal Information collected from this website. The Personal Information you provide is secured using industry standard e-commerce security technology. SVP also restricts its own employees’ access to Personal Information. However, it is possible that someone may intercept or access communications, transmissions and/or Personal Information. You must also seek to protect against unauthorized access to any passwords and/or accounts that you use in connection with this website, and you should remember to log off of this website once you have completed your activities on this website or if you have decided to step away from your computer. In the event that SVP determines that there has been a security breach resulting in the unauthorized disclosure of Personal Information to a third party, SVP will promptly notify consumers whose Personal Information it reasonably believes has been compromised by posting information on this website and, if email contact is possible, then also by sending an email advisory with respect to the situation.

Links to Other Websites

From time to time, this website may contain links to other websites that are not controlled and/or maintained by SVP. Please be aware that these other websites may have different privacy policies which may subject you to different privacy practices. Please review the privacy policies of such other websites for information concerning what information is collected on such websites and how it is used.

Changes in this Privacy Policy

SVP reserves the right in its sole discretion to modify or amend this Privacy Policy in any way and at any time. Any such modifications or amendments are effective upon posting unless we indicate otherwise. You should review this Privacy Policy periodically for changes applicable to you. Please see the bottom of this Privacy Policy for the date of the latest version. Additionally, note that by using or accessing this website subsequent to any modification or amendment, you are deemed to have agreed to this Privacy Policy as modified or amended.

Governing Law

Use of this website and this Privacy Policy shall be governed by the laws of the State of Connecticut of the United States of America, without regard to its conflict of law provisions.

Any dispute concerning this Privacy Policy or your use of this website shall be submitted to binding arbitration in Greenwich, Connecticut within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to this Privacy Policy shall be joined to any other arbitration initiated pursuant to this Privacy Policy.

Notwithstanding anything to the contrary set forth in this Privacy Policy, SVP may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the State of Connecticut or in any other court having jurisdiction, in the event that SVP believes that you have violated or threatened to violate any of SVP’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.

In the event that any portion of this Privacy Policy is deemed unenforceable, unlawful or void by a court of competent jurisdiction, in any jurisdiction for any reason, including but not limited to the scope, duration or area of its applicability, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, court-modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by SVP of any term or condition of this Privacy Policy shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and SVP’s failure to assert any right or demand compliance with any provision of this Privacy Policy shall not be deemed to constitute a waiver of any such right or provision.

Contact Us

If you have any questions concerning this Privacy Policy (other than with respect to California Privacy rights), you may contact us at svpglobal@svpglobal.com or write to us at:

Strategic Value Partners, LLC
100 West Putnam Avenue
Greenwich, CT 06830
Attn: General Counsel

This Privacy Policy is dated and effective as of August 31, 2012.

Copyright © 2012 Strategic Value Partners, LLC. All rights reserved.