Website Privacy Notice
At Marathon Asset Management, LP (“Marathon US”) and MCAP Global Finance (UK) LLP (“Marathon UK”) (collectively “Marathon”, “”, “we”, “our” or “us”), we are committed to maintaining the trust and confidence of our visitors to our website and subscribers to our newsletter. Here you’ll find information on how we process and treat your personal data that we collect from visitors to our website.
Personal Data We May Collect About You
When you contact us using the Contact Us link on the website, any personal data submitted (e.g. your name, telephone number, country, or email address) will be collected and processed by us. We may also process your personal data, such as your username and password, when you use the Investor Login function on the website.
In addition, we automatically collect basic technical information from all visitors to the website. We collect technical information during your visit to the website through our automatic data collection tools, which may include cookies and other commonly used technologies (e.g. web beacons). Please see the Cookies Policy below for further information.
How We Use Your Personal Data
Your personal data may be processed by us for the following purposes and in reliance on the following legal bases:
- Where in our legitimate interests in managing our business including for legal, administrative and management purposes and for the prevention and detection of crime, provided our interests are not overridden by your interests and in particular: (i) to contact you and respond to your enquiry or provide you access to specific information or offers; (ii) to support our relationship with you; (iii) to understand how we can improve our products and services; (iv) to personalize your visit to the website and to assist you while you use the website; (v) to send investor or potential investor communications to you; (vi) to improve the website by helping us understand who uses the website; and (vii) to comply with applicable laws, regulations or codes of
- To comply with our legal and regulatory obligations.
Please note that you have a right to object to the processing of your personal data where that processing is carried out for our legitimate interest or for direct marketing.
Sharing Your Personal Data
We may use selected third parties to provide us with services, including companies that provide us with technical support and assistance in respect of the website and companies engaged to contact you about a Marathon offer in support of your business needs or to conduct online surveys to understand better our customers’ needs. All service providers are permitted to use data only for the purpose of performing services on our behalf in compliance with the privacy practices and policies of Marathon. Our affiliates may also have access to personal data provided to us by you including through or in connection with this website for the purposes set out in this Website Privacy Notice.
The servers used in the operation of the website automatically identify a computer by its IP address. If we, in good faith, determine that you have or are attempting to misuse or harm the website, we may investigate and cooperate with appropriate law enforcement agencies to protect our rights or property.
Similarly, we may share your personal data as required or permitted by law to comply with a subpoena or similar legal process or government request, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property or the rights, property or safety of others, including to advisers, law enforcement agencies, judicial and regulatory authorities. We may also transfer your personal data to a third party that acquires all or part of our assets or shares, or that succeeds us in carrying on all or a part of our business, whether by merger, acquisition, reorganization or otherwise.
Data Transfers Outside the EEA/UK
Given the global nature of Marathon’s activities, where you are located in the European Economic Area (the “EEA”) or the UK, personal data collected from you, including via the website, may be transferred to recipients including other Marathon entities in countries located outside the EEA or the UK, including the U.S., which may not have privacy laws equivalent to those in the EEA/UK. Where we conduct such transfers, they will be made in accordance with applicable privacy laws.
Marathon has entered into EU standard contractual clauses (“Model Contracts”) for intra-group transfers of personal data. You can request a copy of these Model Contracts by submitting your request via email to: privacy@marathonfund.com.
E-Mail Communications
We may send you e-mail communications with information that may be useful to you, including information about the products and services of Marathon, its subsidiaries and other third parties with whom we have a commercial relationship. We will include instructions on how to stop receiving communications and inform us of your preferences if you decide you do not want to receive any future e-mails from us. If applicable law requires that we receive your consent before we send you certain types of communications, we will only send you those types of communications after receiving your consent. If you wish to stop receiving communications from us you can unsubscribe via the link at the bottom of the relevant email or contact us by emailing privacy@marathonfund.com. However, if you are a customer, supplier or otherwise have a commercial relationship with Marathon, to ensure that you receive important information, we may send you information to you about the servicing of your account or our existing business relationship with you, where the requirement to obtain your consent does not apply. We do not disclose, sell or otherwise market your personal data to third parties, unless we are required to do so by law.
Data Subject Rights
Where you interact with Marathon UK or are otherwise an individual in the EEA/UK you have certain data subject rights which may be subject to limitations and/or restrictions. These rights may include: (i) the right to request access to and rectification or erasure of your personal data; (ii) the right to obtain restriction of processing or to object to processing of your personal data; and (iii) the right to ask for a copy of your personal data to be provided to you, or to a third party, in a digital format. Where our processing activities are based on your consent (for example, in the context of certain e-mail communications) you also have a right to withdraw your consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. If you are based in the EEA/UK and would like to exercise one of the above mentioned rights, please send us your request via email to: privacy@marathonfund.com. Individuals in the EEA/UK also have the right to lodge a complaint about the processing of their personal data with their local data protection authority.
For the purposes of applicable data protection laws, Marathon are the controllers of your personal data (i.e. the companies responsible for, and which control the processing of your personal data).
Security and Retention
Marathon use various methods to ensure the protection of your personal data against accidental or unlawful destruction, loss or alteration and against unauthorized disclosure or access. While these methods are considered to be effective, Marathon do not guarantee the protection of your personal data as no data transmission over the Internet can be guaranteed to be completely confidential or 100% secure. You use our website and provide all such personal data at your own risk.
Marathon retain personal data for as long as necessary to fulfil the purposes for which such personal data was collected or to comply with its legal obligations, resolve disputes or enforce agreements. The criteria used to determine the retention periods include: (i) how long the personal data is needed to provide the services and operate the business; (ii) the type of personal data collected; and (iii) whether Marathon is subject to a legal, contractual or similar obligation to retain the data (e.g., mandatory data retention laws, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation or disputes).
Links to Other Websites
This Website Privacy Notice does not cover the links within this site linking to other websites. Those sites are not governed by this Website Privacy Notice, and if you have questions about how a site uses your information, you’ll need to check that site’s privacy statement.
Changes to this Website Privacy Notice
We keep our Website Privacy Notice under regular review. If we make any material changes to this Website Privacy Notice we will notify you by means of a prominent notice on the website prior to the change becoming effective. We will also post an updated version on our website. Please check our website periodically for updates.
Questions and Comments
If you have any questions or comments about our Website Privacy Notice, Cookies Policy or, if you are based in the EEA/UK and would like to exercise your data subject rights, please feel free to contact us at privacy@marathonfund.com.
Last updated on 01 September 2021