Last Updated: November 23, 2020
PRIVACY POLICY AND TERMS AND CONDITIONS
Thank you for visiting the website of Clayton, Dubilier & Rice, LLC (“CD&R”, “we” or “us”). By using this website, you agree to abide by the following Privacy Policy and Terms and Conditions. If you do not accept this Privacy Policy and these Terms and Conditions, you may not use this website. CD&R may change the Privacy Policy and/or these Terms and Conditions at any time. If we make any substantial changes to the Privacy Policy or the Terms and Conditions, we will post a notice on this website. Your use of this website following any such notice will signify and constitute your assent to such revised Privacy Policy and Terms and Conditions. Except as otherwise stated herein, this document does not apply to the use of the Limited Partner Reporting System.
The information made available to you through this website does not constitute an offer to sell or a solicitation of an offer to purchase interests in any fund sponsored by CD&R. Any such offer or solicitation will be made only through a private offering pursuant to a confidential private placement memorandum and related subscription documents.
For the purposes of EU data protection law, CD&R is the “data controller” of the personal information referred to in this document. Contact details are set out at the end of this Privacy Policy and Terms and Conditions.
PRIVACY POLICY
CD&R respects the privacy of visitors to this website. This Privacy Policy governs the online information collection practices of CD&R. It outlines the types of information that we gather about you while you are using this website and the ways in which we use and do not use this information. This Privacy Policy and Terms and Conditions does not apply to information that we may collect offline and/or through other means (for example, at a live event, via telephone or through the physical mail).
The Information We Gather
Information Collected Upon Access to the Website
We may use information collected from you and other users upon your access to the website to perform statistical analyses of user behavior and characteristics. These aggregated statistics may be used to improve this website and for other similar business purposes. For instance, when you visit this website, we collect your IP address. An IP address is a number associated with the access point through which you enter the Internet, and is typically controlled by your Internet Service Provider (ISP). We may use IP addresses to collect information regarding the frequency with which people visit various parts of this website. We cannot tell who you are based on your IP address alone, though it is possible that you can be identified by a combination of the IP address and other information. The same considerations apply to mobile device identifiers.
This website also collects information through a variety of technical methods, including, without limitation, cookies. Cookies are pieces of information that a website sends to your computer while you are viewing the website. Cookies and other technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We may use cookies to store information, such as which of our web pages you have visited and other session information so that we can better understand how the website is used, resolve technical problems, monitor traffic and enhance your experience at this website. You can manage website cookies in your browser settings. You always have the choice to have your device warn you each time a cookie is being sent or change these settings by accepting, rejecting or deleting cookies. If you choose to change your settings, you may find that certain functions and features on the website will not work as intended. All browser settings are slightly different, so to manage cookies you should refer to the relevant settings within your browser.
The information collected upon access to the website may constitute personal information within the meaning of applicable data protection laws.
b. Direct Information Submission
If you submit information to us directly through this website (for example, in a request for general information or through the submission of a business proposal) we may record and use any personal information that you provide, such as your name, telephone number and e-mail address. This information may be used to respond to your request or for other internal business purposes.
Limited Partners of funds managed by CD&R and CD&R personnel may have access to our Limited Partner Reporting System. In order to obtain a user-id and password to access our Limited Partner Reporting System, you may be asked to provide us with your name, telephone number and e-mail address. We may record and use any such personal information to monitor access to our Limited Partner Reporting System and to ensure the security thereof.
How We Use the Information
Our processing of your personal information is necessary for our legitimate purposes of operating our business, providing you with access to the website, analyzing use of and improving our website, and providing limited partners with access to the Limited Partner Reporting System. CD&R may process your personal information: (i) to exercise CD&R’s rights and to comply with its legal, regulatory, or contractual obligations, including for the establishment, exercise or defense of legal claims by or against CD&R; (ii) to help detect, prevent, investigate and prosecute fraud and/or other criminal activity; (iii) to manage CD&R’s information technology and to ensure the security of CD&R’s systems; and (iv) to investigate and respond to any complaints about CD&R or any incidents relating to CD&R.
We will not disclose any personal information obtained solely through our website to any other persons, except as set forth herein. We may disclose personal information: (i) in response to requests by government agencies or law enforcement or where disclosure is required to private parties in connection with a lawsuit, subpoena, investigation or similar proceeding or to comply with CD&R’s other legal and regulatory obligations; (ii) if CD&R or an affiliate believes, in its sole discretion, that such disclosure is appropriate in connection with an official investigation, is requested by tax authorities or in response to a significant threat to a person's health or property or to respond to claims of violations of third party rights; (iii) to a regulatory body, financial market, broker or other intermediaries, counterparties, courts, auditors or other third parties; (iv) to conduct compliance activities, when CD&R thinks this is in its or someone else’s legitimate interests; (v) to enforce contractual rights or to protect the rights of CD&R or its affiliates; (vi) to a third party in the event of a sale of stock, merger or consolidation or other transfer of all or substantially all of the assets of CD&R, whether voluntarily or by operation of law, to such third party, provided that such third party agrees to protect the confidentiality of your personal information consistent with this Privacy Policy and Terms and Conditions; or (vii) for other purposes in connection with the operation of our business.
We may use service providers to operate our website and employ other third parties to perform work on our behalf, such as hosting this website or operating our Limited Partner Reporting System. These persons may have access to the personal information you submit through this website, but only for the purpose of performing their duties in connection with this website. These persons may not use your personal information for any other purpose.
Your rights
In some jurisdictions, including in the countries of the European Economic Area (“EEA”), you have the right, in certain circumstances, to (i) require us to delete your personal information; (ii) require us to restrict processing of your personal information (for example, if you contest the accuracy of that information); (iii) receive a copy of the personal information we process in relation to you in a structured, commonly used and machine-readable format and/or instruct us to transmit that data to a third party; and (iv) object to our continued processing of your personal information, for direct marketing (including profiling) or other purposes.
You can exercise these rights free of charge by contacting us using the details in the “Questions and Contact Information” section below. CD&R reserves the right to confirm your identity before releasing any such information.
Special Notice for California Residents
If you are a resident of California, you have the right to request that CD&R disclose the following information to you about our collection and use of your personal information over the twelve months prior to the date of your request: (i) the categories of personal information CD&R collects about you; (ii) the categories of sources for the personal information CD&R collects about you; (iii) CD&R’s business or commercial purpose for collecting that personal information; (iv) the categories of third parties with whom CD&R shares that personal information; (v) the specific pieces of personal information collected about you; and (vi) if CD&R disclosed your personal information for a business purpose in the prior twelve months, a list of the categories of personal information disclosed.
CD&R does not sell your personal information. As outlined in this Policy, we do share the personal information you provide when you access the website or utilize our services with third parties for the business purposes described above.
You have the right to request that CD&R delete any of your personal information that CD&R collected. In some circumstances, CD&R may not honor your request for deletion – for example, if we need to hold on to your information to protect the security or functionality of our operations, to service your account, or to comply with legal or regulatory obligations.
To ask for a record of the personal information CD&R holds about you, or to ask CD&R to delete your personal information, please visit cdr-inc.com or call us at (212) 407-5200. You must provide enough information for CD&R to verify your identity and that you are a resident of California. CD&R will only use personal information provided in such a request to verify the requester’s identity and authority to make the request.
CD&R will not deny services, charge different prices, offer a different quality of service or otherwise discriminate against you for exercising these rights.
Do Not Track Disclosure
Some web browsers may transmit “do-not-track” (“DNT”) signals to request that a web application disable its tracking technologies. We currently do not change our tracking practices in response to DNT settings in your web browser. We may have our service providers or other third parties that we engage to operate our website or perform work on our behalf collect information about your online activities over time across our website. These third parties may not change their tracking practices in response to DNT settings in your web browser.
Retention
We retain personal information for as long as we reasonably require it for legal or business purposes. In determining data retention periods, we consider local laws, contractual obligations and your reasonable expectations and requirements.
Security
We use commercially reasonable administrative, technical, personnel and physical measures to safeguard information in our possession against loss, theft and unauthorized use, disclosure or modification. However, we cannot guarantee the absolute security of our servers or databases or those of our third-party service providers. You use our website at your own risk.
Transfer of data to the United States
This website is hosted in the United States. If you use this website, or provide personal information to us using the “Questions and Contact Information” section below, you are voluntarily transferring your personal information to the United States, a jurisdiction which does not offer the same type of protection to the personal information of individuals as countries within the EEA
TERMS AND CONDITIONS
1. Restrictions on Use of Website
You agree not to:
a. take any action that imposes an unreasonable or disproportionately large load on this website’s infrastructure;
b. use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website;
c. use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website to harvest or otherwise collect information from this website to be used for any commercial purpose;
d. allow any other person or entity to use your user-id or password on the Limited Partner Reporting System; and
e. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.
You further agree not to violate or attempt to violate the security of this website, including, without limitation:
f. accessing data not intended for you or logging into a server or account that you are not authorized to access;
g. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
h. attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, this website.
We may investigate occurrences that may involve violations of the security of this website or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right to disclose any information about you or your use of our website in connection with any investigations by us or law enforcement authorities.
We cannot and do not assure that other users are or will be complying with this Privacy Policy and Terms and Conditions, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
We may change this website or delete content or features in any way, at any time and for any reason or no reason.
2. Restrictions on Use of Materials
Any person using this website is permitted to copy and print a minimal number of individual website pages solely for informational use. Users may also copy or print a minimal number of copies of any research or reports posted on the site solely for informational use. These copies must not alter the original website content, including, without limitation, any legal notices or legends. Our prior permission is required for (a) any commercial use of materials on this website; (b) making more than a minimal number of copies of such materials; and (c) copying portions of our website, such as by bots, robots or spiders that “harvest” the website. If you seek permission for any such use of our website, please contact us using the details in the “Questions and Contact Information” section below.
3. Linking and Framing
We do not permit others to link to or frame this website or any portion thereof.
The Privacy Policy and Terms and Conditions apply only to this website and not to other websites that may be accessible from this website via hyperlink. We are responsible only for the content of our own website. We encourage you to review the privacy policies and terms and conditions of all other websites that you visit. We disclaim responsibility for the privacy policies and customer information practices of third-party internet websites linked from this website.
We may occasionally provide hyperlinks to third party websites. This is done as a convenience to you and should not be construed as an endorsement of any website, company, product or service by any third party. We do not review or monitor any websites linked from or to this website, and while we endeavor to only provide links to websites we think are worthwhile and accurate, we cannot be responsible for the content or accuracy of the information presented on those third party websites, any products or services contained in or accessible through such other websites or their terms of use or privacy policies. We specifically disclaim any liability for any loss or damages which you may incur, directly or indirectly, as a result of your use of them.
We reserve the right to terminate a link to a third party website at any time.
4. Ownership
All content included on this website, such as graphics, logos, articles and other materials, is the property of CD&R or others and is protected by copyright and other laws. All trademarks and logos displayed on this website are the property of their respective owners, who may or may not be affiliated with our organization.
5. Submissions
As our website indicates, the information on these pages is intended solely for the benefit of persons who might be aware of investment opportunities that would interest CD&R. Please be advised that any comments, suggestions, ideas or other information that you send to us through our website will not be treated as confidential and that we will own and have the right to use them as we choose, without payment to you. CD&R’s services are provided only to a limited number of private investment funds; CD&R does not make its services available to the public.
6. International Use
Due to the global nature of the Internet, this website may be accessed by users in countries other than the United States. We make no warranties that materials on this website are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this website, then you should not do so. Those who choose to access this site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.
UK Regulation
In the United Kingdom, this website is directed only at persons who have professional experience in matters relating to investments, falling within article 19(5) (“investment professionals”) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (as amended) (the “Order”), persons falling within article 49(2)(a) to (d) (“high net worth companies, unincorporated associations etc.”) of the Order, or persons to whom this website may otherwise lawfully be directed (together, “relevant persons”). The contents of this website must not be acted on or relied on by persons who are not relevant persons. Any investment or investment activity to which this website relates is available only to relevant persons and will be engaged in only with relevant persons. None of the statements on this website excludes or restricts any duty or liability that CD&R has under the rules and regulations of the Financial Services and Markets Act 2000 of the United Kingdom.
7. Financial Information
This website may contain information that includes or is based upon forward-looking statements within the meaning of federal securities laws. Forward-looking statements are made based on CD&R’s current expectations and beliefs concerning future developments and their potential effects. You can identify these statements by the fact that they do not relate solely to historical or current facts. They generally include words such as “believe”, “expects”, “anticipates”, “intends” and similar words. There can be no assurance that future developments will be in accordance with CD&R’s expectations or that the effect of future developments will be those anticipated by CD&R. The following important factors, risks and uncertainties are among those that may affect such statements: (a) changes in performance of financial markets and interest rates; (b) development of new financial products; and (c) regulatory, accounting or tax changes that may affect the cost of, or demand for, our financial products or services. While CD&R periodically reassesses material factors, risks and uncertainties, we do not intend to revise any forward-looking statements to reflect changes in events, circumstances or expectations or to reflect the occurrence of unanticipated events after the date on which a statement is made.
8. Limitations of Liability
We are not responsible for any damages or injury, including, without limitation, special or consequential damages, that result from your use of (or inability to use) this website (including our Limited Partner Reporting System), including, without limitation, any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure or other computer malfunction. You acknowledge that we provide the contents of this website on an “as is” basis with no warranties of any kind. Your use of this website and reliance upon any of the materials on it is solely at your own risk.
9. Indemnity
By accessing this website, you agree to indemnify us and our affiliates, and our and their respective partners, stockholders, members, managers, officers, directors, employees and agents (collectively, the “CD&R Indemnitees”) against, and hold the CD&R Indemnitees harmless from, any and all claims and expenses, including attorneys’ fees, arising from your use of this website. You hereby release the CD&R Indemnitees from any and all claims, demands, debts, obligations, damages (actual, consequential or special), costs and expenses of any kind whatsoever that you may have against the CD&R Indemnitees arising out of or in any way related to such disputes.
10. Governing Law and Venue
You agree that your use of this website and any disputes relating to this website and/or this Privacy Policy and Terms and Conditions shall be governed in all respects by the laws of the State of New York. You agree that any action at law or in equity arising out of or relating to this website and/or this Privacy Policy and Terms and Conditions shall be filed, and that venue properly lies, only in state or federal courts located in the borough of Manhattan, New York, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
11. Miscellaneous
Any failure or delay by us in enforcing an obligation or exercising a right under this Privacy Policy and Terms and Conditions does not amount to a waiver of that obligation or right or any other obligation or right. If any term or provision hereof is illegal or invalid for any reason whatsoever, such term or provision will be enforced to the maximum extent permitted by law and, in any event, such illegality or invalidity shall not affect the validity of the remainder of this Privacy Policy and Terms and Conditions.
12. Questions and Contact Information
If you have any questions or concerns about this website and/or this Privacy Policy and Terms and Conditions, you may contact the Chief Compliance Officer at 212-407-5200 or send your questions or concerns in writing to:
Clayton, Dubilier & Rice, LLC
375 Park Avenue
18th Floor
New York, New York 10152
Attn: Chief Compliance Officer
We hope that we can resolve any query or concern you may raise about our use of your information.
Individuals located in the EEA have the right to lodge a complaint relating to privacy or data protection with a supervisory authority of the EEA state where they live or where any alleged infringement of data protection laws occurred. A list of the supervisory authorities can be found here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.