Last Updated and Effective April 2023

This Privacy Policy sets forth the privacy practices of MGG Investment Group LP (the “Adviser”) and its affiliated investment funds (each a “Fund” and collectively, the “Funds,” “we,” “our,” or “us”) with respect to our collection, use, sharing, and disclosure of Personal Information, including, but not limited to, Personal Information collected through this website (the “Site”), how it is used, and the circumstances under which it may be shared and disclosed.  This Privacy Policy constitutes a legally binding agreement between you and the Funds that conditions your use of the Site, where and as permitted by applicable law.

If you are a California resident, please read our Privacy Notice for California Consumers.

1. Personal Information We Collect

When you visit the Site and during our ordinary business activities, we may collect or ask you to provide certain nonpublic personal information (“Personal Information”) in order to help us manage our relationship with you and serve your investment needs.  The Personal Information we may collect from you may include personally identifiable information including names, residential or business addresses, or other contact details, signature, nationality, social security number, tax identification or passport number, date of birth, place of birth, photographs, copies of identification documents, bank account details, information about assets, net worth or income, credit history, information on investment activities, and other financial information necessary to determine required accreditation standards as well as financial sophistication, or other personal information, such as certain special categories of personal data (including, where relevant, information on political affiliations, ethnic origin, or criminal convictions), as specified under applicable law, that may be contained in the relevant materials, documents, or obtained through background searches.

2. Sources of Personal Information

We may collect Personal Information from:

    • Your communications with us;

    • Your transactions with us;

    • Services providers;

    • Affiliates;

    • Nonprofit organizations; and

    • Government entities.

3. How we Use Personal Information

We use Personal Information for the following business purposes:

    • To provide our products and services;

    • To process your requests and inquires;

    • To offer new products and services;

    • To process transactions;

    • For account maintenance;

    • To confirm your identity;

    • To communicate with you;

    • To improve the Site;

    • To protect the security and integrity of the Site;

    • To prevent or investigate fraud or other unlawful activity, and detect security incidents; and

    • To comply with and enforce applicable legal requirements.

4. How we Share Personal Information

Your privacy is important to us. In connection with providing you with such services and effecting client transactions, the Adviser may provide your personal information to its affiliates and other firms that assist the Adviser in providing you with advisory services, including the Adviser’s attorneys, accountants, auditors and other service providers (including the Administrator of the funds, or other third parties as part of the normal course of our advisory business, such as record-keeping, maintaining security of our information technology systems, reporting and monitoring of our activities, investor relations activities, or to otherwise perform our contractual obligations).

We may also share your personal information with regulatory, tax or law enforcement authorities as required or permitted by law, or to comply with applicable legal or regulatory requirements, respond to court orders, or in the context of regulatory requests for information, administrative proceedings, or investigations. We will also release information about you if you direct us to do so. The Adviser may also provide such information to service providers and financial institutions with which the Adviser has joint marketing relationships, if any. It should be noted that the Adviser requires or will require all such service providers and other financial institutions (to which the Adviser discloses your personal information) to protect the confidentiality of your non-public information and to use such information only for the purposes for which it was disclosed to them. We do not sell any Personal Information.

5. How we Protect Personal Information

The Adviser seeks to carefully safeguard Personal Information.  We will use commercially reasonable efforts to ensure that Personal Information is kept secure and safe from any loss or unauthorized disclosure or use.  We restrict access to our client’s Personal Information to employees requiring that Personal Information to provide our products or services.

6. Use of Cookies

We may send text files (e.g., “cookies” or other cached files) or images to your web browser to collect and/or store information on your computer.  Such text files and images are used to support the operation of our digital offerings and for the technical convenience to store information on your computer.  We may use information stored in such text files and images to customize your experience on our Site and to monitor use of our Site. You may set your browser to notify you when you receive a cookie.  Many web browsers also allow you to block cookies.  If you block cookies you may not be able to access certain parts or use all features of our Site.  You can disable cookies from your computer system by following the instructions on your browser or at http://www.allaboutcookies.org/.

7. Additional Information for residents of the European Economic Area and the United Kingdom

Processing. Your personal information will be processed in the United States, and other countries outside the European Union and the United Kingdom (“Third Countries”), that may not offer the same level of data protection as that afforded by the European Union’s General Data Protection Regulation, and the same as forms part of the law in the United Kingdom (the “GDPR”). We will process personal data (or ensure that it is processed) in such Third Countries subject to appropriate safeguards and in accordance with the requirements of applicable law, which may include having appropriate contractual undertakings in legal agreements with service providers who process personal data on our behalf in such Third Countries.

Legal basis for processing. We will use one of the permitted grounds under the GDPR to process your information. Such grounds include instances where you have given your consent and cases where your consent is not required under applicable law, such as where we are required to comply with a legal obligation, or where we, or a third party, determine that it is necessary for our legitimate interests to collect and use your personal information.

The legitimate interests to collect your personal information may include any of the purposes identified above and any other purpose where we or a third party have determined that you have a reasonable expectation for us or a third party to collect or use your personal information for such purpose. You have the right to object to the use of your personal data for direct marketing purposes.

Consequences of failing to provide personal information. As a regulated financial services firm, we are subject to legal and regulatory obligations that may require us to collect and store your personal information. We may also need to collect and use your personal information for the purposes of entering into or performance of a contractual arrangement between us.

A refusal to provide us with personal information may, depending on the purpose for which your personal information is required, have various consequences such as us being unable to communicate with you, the termination of any service or other contractual arrangement between us, or, where we have a reasonable suspicion of illegal activity, we may be required to make a report to regulatory or enforcement agencies.

Retention periods. We will generally keep personal information about you for as long as necessary in relation to the purpose for which it was collected, or for such longer period if required under applicable law or necessary for the purposes of our other legitimate interests.

The applicable retention period will depend on various factors, such as any legal obligation to which we or our service providers are subject as well as on whether you decide to exercise your right to request the deletion of your information from our systems. As a minimum, information about you will be retained for the entire duration of any business relationship we may have with you, and for a minimum period of five years after the termination of any such relationship.

We will, from time to time, review the purpose for which we have collected information about you and decide whether to retain it, update it, or securely delete it, if the information is no longer required.

Your rights. You may have certain rights under the GDPR in respect of the personal data we hold and which you may exercise. These rights are:

    • to request access to your personal data;

    • to request rectification of inaccurate or incomplete personal data;

    • to request erasure of your personal data (a “right to be forgotten”);

    • to restrict the processing of your personal data in certain circumstances;

    • to object to our use of your personal data, such as where we have considered such use to be necessary for our legitimate interests (e.g. in the case of certain types of direct marketing activities);

    • where relevant, to request the portability of your personal data;

    • where you have given consent to the processing of your data, to withdraw your consent by contacting us on the e-mail below; and

    • to lodge a complaint with a data protection authority.

8. Contact Us

Please contact the Adviser’s Chief Compliance Officer, Viravyne Chhim, at vchhim@mgginv.com with any questions regarding this Privacy Policy or requests with regard to the personal data we hold.

Privacy Notice For California Consumers

Last updated: April 2023

This notice contains disclosures required by the California Privacy Rights Act (“CPRA”). Terms defined in the CPRA have the same meaning when used in this notice. This notice is only relevant to California residents (“consumers” or “you”). Consumers with disabilities may access this notice by contacting Viravyne Chhim at (212) 356-6100 or vchhim@mgginv.com.

Information We Collect.  In the past 12 months,we have collected and shared for a business purpose the following categories of personal information (“Personal Information”):

Category Examples Collected Shared for Business Purpose
A. Identifiers A real name, alias, email address, postal address, Internet Protocol (IP) address, account name, Social Security number, driver’s license number, passport number, or other similar personal identifiers. YES YES
B. Other personal information categories, as listed in the California Customer Records Statute A signature, physical characteristics or description, telephone number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. YES YES
C. Protected classification characteristics under California or federal law Age (40 years or older), race, citizenship, marital status, sex, veteran or military status. YES YES
D. Commercial information Account activity, records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES YES
E. Biometric information Fingerprints, faceprints, voiceprints, and iris or retina scans, body temperature for screening purposes. YES YES
F. Internet or other similar network activity Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. YES YES
G. Geolocation data Physical location or movements. YES YES
H. Sensory data Audio, electronic, visual, thermal, olfactory, or similar information. YES YES
I. Professional or employment-related information Current or past job history or performance evaluations. YES YES
J. Non-public education information (per the Family Educational Rights and Privacy Act) Education records directly related to a student maintained by an educational institution or party acting on its behalf. YES YES
K. Inferences drawn from other personal information Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES YES
L. Sensitive personal information A consumer’s SS, driver’s license, state ID card, or passport number; account log-in or debit/credit card number in combination with any access code, password, or account credentials; precise geolocation; racial/ethnic origin, religious/philosophical beliefs, or union membership; contents of mail, email, and text messages; genetic data; biometric information; PHI; or sex life or sexual orientation. YES YES

Personal Information does not include information that is publicly available, de-identified/ aggregated, or subject to HIPAA or GLBA.

We collect Personal Information from the following categories of sources:

    • Your communications with us;

    • By observing your actions on our website;

    • Service providers, including, but not limited to:  administrators, lenders, banks, brokers, auditors, law firms, consultants, placement agents, employment agencies, credit bureaus;

    • Affiliates not under the MGG Investment Group LP brand;

    • Portfolio companies;

    • Nonprofit organizations; and

    • Government entities.

We do not knowingly collect, solicit or sell Personal Information from anyone under the age of 18 without the prior consent of a parent or guardian.

Purpose for Collection and Use of Personal Information.  We may collect or use Personal Information for one or more of the following purposes:

    • Providing you with information about our products and services;

    • Providing you with performance and other updates;

    • One or more of the following business purposes:

        • Performing services (for us or our service provider or contractor) such as account servicing, processing orders and payments, and analytics;

        • Auditing related to our interactions with you, which may entail: counting ad impressions to unique visitors, verifying positioning/quality of ad impressions, and auditing compliance, etc.;

        • Legal compliance;

        • Detecting and protecting against security incidents, fraud, and illegal activity;

        • Debugging;

        • Internal research for technological improvement;

        • Internal operations;

        • Activities to maintain and improve our services; and

        • Short-term, transient use, such that the personal information is not disclosed to another third party and is not used to build a profile about you.

Sharing Personal Information.  We may disclose Personal Information to:

    • Service providers, including but not limited to: administrators, lenders, banks, brokers, auditors, law firms, consultants, placement agents, employment agencies, credit bureaus;

    • Affiliates;

    • Business partners;

    • Legal or government regulatory authorities as required by applicable law;

    • In connection with a potential business transfer; and

    • Third parties to whom you or your agents authorize us to disclose such information in connection with services we provide to you.

In the past 12 months, we have not sold Personal Information to third parties.

Length of Time. We will keep your Personal Information for as long as necessary to comply with our regulatory obligations.

Rights of California Consumers.  The CPRA provides a California consumer the following rights, subject to certain exceptions and limitations:

    • The right to request: (a) the categories and specific pieces of Personal Information we collect about you; (b) the categories of sources from which we collect your Personal Information; (c) our business or commercial purposes for collecting, selling or sharing your Personal Information; (d) the categories of Personal Information disclosed for a business purpose and the categories of persons to whom it was disclosed; (e) the categories of your Personal Information (if any) that we have either sold, shared, or disclosed.

    • For certain categories of Personal Information, the right to request a list of what 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.

    • The right to request that we delete your Personal Information, subject to certain exceptions.

    • The right to opt out of our sale(s) (if any) of your Personal Information.

    • The right to request we correct any inaccurate Personal Information maintained about you.

    • The right to limit our use of your sensitive personal information to only use that is necessary to perform the services expected or provide the goods reasonably expected.

    • The right not to receive discriminatory treatment for exercising your CPRA rights.

You may submit requests relating to your exercise of CPRA rights to us via:

phone (212) 356-6100

or

email vchhim@mgginv.com

You may only make a verifiable request for access or data portability twice within a 12-month period. All verifiable requests must provide (1) enough information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative and (2) sufficient detail that allows us to properly evaluate and respond to it.

We endeavor to respond to a verifiable request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.

Questions

If you have questions regarding this Notice, please contact us at vchhim@mgginv.com.