ROARK WEBSITE PRIVACY POLICY
Effective July 1, 2024
This Privacy Policy (“Policy”) explains the privacy practices of Roark Capital Management, LLC (“Roark,” “we,” “our,” or “us”). It applies to our processing of personal information that we collect through our website (www.roarkcapital.com), our online or offline interactions with you, and to Personal Information that may be made available to us by our independently operated portfolio companies, or that we otherwise obtain in the course of our operations (collectively, our “Services”). Your use of our website signifies acceptance of the terms of this Policy and agreement to our Terms of Use.
If you are a Roark investor or a representative of an investor, please see our Investor Privacy Notice, which is available in our investor portal, for additional information about our collection, use, and sharing practices with respect to investor information.
Table of Contents
- Personal Information We Collect
- Sources from Which We Collect Personal Information
- Our Purposes for Collecting Personal Information
- How Long We Keep Your Personal Information
- Our Disclosures of Personal Information
- California Privacy Rights
- Privacy Rights for Consumers in Other Covered States
- Nevada Privacy Rights
- Cookies and Other Tracking Technologies
- Children’s Privacy
- Security
- International Visitors
- Third-Party Links and Services
- Changes to this Policy
- How to Contact Us
1. Personal Information We Collect
“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include information that is publicly available, de-identified, or aggregated.
The Personal Information we collect about you may vary depending on the nature of your interactions with us. In general, we collect the following categories of Personal Information:
- Identifiers and Personal Records, including name, alias, postal address, unique personal identifier, online identifier, IP address, email address, telephone number, account name, signature, social security number, driver’s license number, passport number or other similar identifiers, physical characteristics or description, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or other financial information, medical information, or health insurance information. This category includes information described in Cal. Civ. Code 1798.80(e).
- Characteristics of protected classifications, including age and date of birth, marital status, race, ancestry, ethnic origin, sex, gender, sexual orientation, gender identity, religion or creed, military or veteran status, medical condition, genetic information, disability, marital status
- Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
- Internet or other electronic network activity information, including browsing history, search history, and information regarding your interactions with our websites, applications, or advertisements
- Audio, electronic, visual, thermal, olfactory, or similar information, including photographs and video, and audio recordings as may relate to job functions or interactions with Roark via phone or videoconferencing
- Geolocation Data, inferred from your IP address
- Professional or employment-related information
- Non-public education information, including school(s) attended, grades, transcripts, records of attendance, disciplinary records, and other information relating to your education
- Inferences used to create a profile reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
- Sensitive Personal Information, including the following categories of Sensitive Personal Information:
- Personal Information that reveals a Social Security, driver’s license, state identification card, or passport number
- Personal Information that reveals an account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account
- Personal Information that reveals racial or ethnic origin, national origin, citizenship or immigration status, religious or philosophical beliefs, or union membership
- Personal Information collected and analyzed concerning health
- Personal Information collected and analyzed concerning sexual orientation or gender identity
2. Sources from Which We Collect Personal Information
Generally, we collect the categories of Personal Information described above from the following categories of sources:
- Directly from you
- From our affiliates, subsidiaries, and portfolio companies
- Through tracking technologies we use on our website
- Within the context of due diligence for potential acquisitions
- From service providers that help us to operate our business (e.g., vendors that provide communications, market research, analytics, customer support, and other services)
- From internet service providers, data analytics providers, advertising networks, social networks, and third parties from which we may license or purchase data
- Created by us (e.g., drawing inferences from the other categories of Personal Information we collect or assigning a username or email address to an employee)
3. Our Purposes for Collecting Personal Information
Generally, we use the Personal Information we collect for the following purposes. The specific purposes for which we collect your Personal Information may vary depending on the nature of your relationship with us.
- To provide our Services
- To communicate with you
- To provide and improve our investment services, including evaluating potential investments and managing existing investments. (Please see our Investor Privacy Notice for additional information.)
- To analyze trends and improve our Services
- To provide analytics, financial analysis, data strategy, consultation on, development or improvement of products and services, marketing, advertising, and related services pursuant to agreements with our portfolio companies
- For promotions, marketing, and events
- For recruiting and employment purposes, including opening and maintaining application records, assessing eligibility for employment, onboarding employees, providing compensation and benefits, allowing you to perform your job functions, and managing our workforce.
- To manage the security of our systems, property, website, and Services
- To manage and support our IT resources and infrastructure
- To comply with applicable laws and regulations
- To detect, investigate, and protect against malicious, deceptive, fraudulent, or illegal activity
We may use the categories of Sensitive Personal Information we collect to comply with government reporting requirements and other legal obligations, for security and fraud-prevention, and for employee onboarding, benefits and accommodations.
In addition to the purposes described above, we may use and disclose any category of Personal Information or Sensitive Personal Information we collect to respond to law enforcement requests, or as otherwise required or authorized by applicable law, court order, or governmental regulations; to protect our rights and interests and those of others; to resolve any disputes; to enforce our terms and policies; and to evaluate or conduct a merger, sale, or other acquisition of some or all of our assets. We also reserve the right to use Personal Information we collect for any other purpose identified in an applicable privacy notice or agreement between you and us, or otherwise with your consent.
4. How Long We Keep Your Personal Information
We keep the categories of Personal Information described above for as long as is necessary for the purposes described in this Policy or otherwise authorized by law. This generally means holding the information for as long as one of the following apply:
- Your Personal Information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
- Your Personal Information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the Personal Information was collected;
- The Personal Information is reasonably necessary to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case); or
- We are otherwise required or permitted to keep your Personal Information by applicable laws or regulations.
Where information is used for more than one purpose, we will retain it until the purpose with the latest period expires.
5. Our Disclosures of Personal Information
Disclosures for Business or Commercial Purposes
We share Personal Information with our service providers and contractors for the following business and commercial purposes:
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Categories of Personal Information |
Purposes for Disclosure |
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Identifiers and Personal Records |
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Professional or employment-related information |
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Non-public education information |
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Social security, driver’s license, state identification card, or passport number |
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Account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account |
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Personal Information collected and analyzed concerning health |
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In addition to the above, we may disclose Identifiers, Personal Records, Characteristics of protected classifications, Commercial information, and Inferences to our portfolio companies to provide analytics, financial analysis, data strategy, consultation on, development or improvement of products and services, marketing, advertising, and related services.
Sales and Sharing of Personal Information
Although we do not sell Personal Information in exchange for money, some of the ways in which we share Personal Information among our portfolio companies may be considered “sales” under some privacy laws. We do not have actual knowledge that we sell or share the Personal Information of consumers under 16 years of age. The categories of Personal Information we “sell” or “share” are as follows: Identifiers, Personal Records, Characteristics of protected classifications, Commercial information, and Inferences. Our purposes for selling/sharing Personal Information relate to the support we provide to our portfolio companies, including analytics, operational and marketing support.
6. California Privacy Rights
If you are a resident of California, you have the right to submit certain requests relating to your Personal Information as described below. To exercise any of these rights, please submit a request through our webform or call us at 1-833-508-0401. Please note that, if you submit a request to know, request to delete, or request to correct, you will be asked to provide 2-3 pieces of Personal Information that we will match against our records to verify your identity. You may designate an authorized agent to make a request on your behalf; however, you will still need to verify your identity directly with us before your request can be processed. An authorized agent may submit a request on your behalf using the webform or toll-free number listed above.
Right to Know. You have the right to know what Personal Information we have collected about you, which includes:
- The categories of Personal Information we have collected about you, including
- The categories of sources from which the Personal Information was collected
- Our business or commercial purposes for collecting, selling, or sharing Personal Information
- The categories of recipients to which we disclose Personal Information
- The categories of Personal Information that we sold, and for each category identified, the categories of third parties to which we sold that particular category of Personal Information
- The categories of Personal Information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of Personal Information
- The specific pieces of Personal Information we have collected about you
Right to Delete Your Personal Information. You have the right to request that we delete Personal Information we collected from you, subject to certain exceptions. Where we use deidentification to satisfy a deletion request, we commit to maintaining and using the information in deidentified form and will not attempt to reidentify the information.
Right to Correct Inaccurate Information. If you believe that Personal Information we maintain about you is inaccurate, you have the right to request that we correct that information.
Right to Opt Out of Sales and Sharing of Personal Information. You have the right to opt out of the sale of your Personal Information, and to request that we do not share your Personal Information for cross-context behavioral advertising. To opt-out, please submit a request through our webform. Our website is configured to recognize the Global Privacy Control (GPC) browser signal; however, because we are generally unable to connect website visitors to other information we collect, we require additional information from you in order to opt you out of “sales” of Personal Information relating to our processing of Personal Information made available to us by our portfolio companies. If you would like to opt out of those types of “sales” of Personal Information, please submit a request using our webform.
Right to Limit Use and Disclosure of Sensitive Personal Information. We do not use or disclose Sensitive Personal Information for purposes to which the right to limit use and disclosure applies under the CCPA.
Right to Non-Discrimination for the Exercise of Your Privacy Rights. If you choose to exercise any of your privacy rights under the CCPA, you also have the right not to receive discriminatory treatment by us.
7. Privacy Rights for Consumers in Other Covered States
This Section supplements the other parts of our Privacy Policy, and provides additional information for consumers in Colorado, Connecticut, Oregon, Montana, Texas, Utah, and Virginia (“Covered States”). To exercise your Personal Information rights, please submit a request through our webform. Please note that we may need to authenticate your identity before your request can be processed. For authentication, you will be asked to provide 2-3 pieces of Personal Information that we will match against our records.
Right to Access and Data Portability. You have the right to confirm whether we are processing your Personal Information, to access your Personal Information, and to obtain a copy of your Personal Information in a portable format. Oregon consumers may also request a list of third parties to which we disclosed Personal Information.
Right to Correct. You have the right to request that we correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and our purposes for processing it.
Right to Delete. You have the right to request that we delete your Personal Information, subject to exceptions. Where we use deidentification to satisfy a deletion request, we commit to maintaining and using the information in deidentified form and will not attempt to reidentify the information.
Right to Opt Out. You have the right to opt out of the following uses of your Personal Information: (a) targeted advertising; (b) the sale of Personal Information; and (c) profiling in furtherance of decisions that produce legal or similarly significant effects. Roark does not engage in targeted advertising or profiling producing legal or similarly significant effects. If you would like to opt out of sales of Personal Information, please submit a request through our webform. If you are an authorized agent submitting an opt-out request on behalf of a consumer where allowed by law, please follow the instructions provided within our webform. We use commercially reasonable efforts to authenticate the identity of the consumer to whom the request relates and the authorized agent’s authority to act on the consumer’s behalf.
Right to Appeal. Sometimes we are unable to process requests relating to your Personal Information, in which case, your request will be denied. If you are a resident of a Covered State whose privacy rights request has previously been denied by us and you believe we denied it in error, you may appeal for reconsideration of your request using our webform.
Please note that if you make a privacy rights request, we will retain a record of your request for recordkeeping purposes.
8. Nevada Privacy Rights
Nevada residents may opt out of the “sale” of “covered information” to third parties, including but not limited to name, address, social security number, telephone number, email address, and other information through which a person may be contacted. Our uses of your Personal Information are not sales under Nevada law. If you have any questions or if you would like to receive notice by email in the event we should engage in “sales” of Personal Information under Nevada law in the future, please contact us using the contact information provided below.
9. Cookies and Other Tracking Technologies
We and some of our service providers use cookies or other tracking technologies to collect and store information about your interactions with our website, including information about your browsing behavior. Cookies are small files that a website transfers to your device through a web browser that enable the site’s or a third party’s systems to recognize your device and capture and remember certain information. In general, we and our service providers use cookies and other tracking technologies (such as web beacons, tracking pixels, and HTTP referrers) to optimize the functionality of our website, to help us understand how our website is used, and to provide users with interest-based content based on their browsing activities.
If you do not want to have cookies placed on your device, you should set your browser to refuse cookies before accessing our website. Please review your browser’s Help menu for instructions, or visit www.allaboutcookies.org for more information on disabling and deleting cookies. Please note that, if you turn cookies off, some features of our website may not function properly.
Website Analytics
We use analytics tools (such as Google Analytics) to analyze how users interact with our website. This software may collect information such as your IP address, location, browser type and language, operating system, access time, duration of visit, pages you view within our website, search terms you enter, and other actions you take while visiting us, the pages you view immediately before and after you access our website, how often you use our website, aggregated usage and performance data, application errors, and debugging information. Google Analytics can also associate information collected on our website with information Google collects about you in other ways, which may then be shared with us. Google Analytics is owned and controlled by Google LLC. Data collected by Google is subject to its privacy policy. You may opt-out of having your activity on our website made available to Google Analytics by installing the Google Analytics browser add-on, available at https://tools.google.com/dlpage/gaoptout.
Do-Not-Track Signals
Do Not Track (“DNT”) is a privacy preference signal that users can set in certain web browsers. We do not currently recognize or respond to DNT signals.
10. Children’s Privacy
Our Services are neither intended for, nor targeted to those under 16. If we learn that we collected Personal Information from a child under the age of 16, we will delete such information in accordance with applicable laws.
11. Security
At no cost to you, we take commercially reasonable measures to protect Personal Information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the internet and online digital storage are not completely secure, so we cannot guarantee the security of information collected through the Services.
12. International Visitors
Our website and this Privacy Policy are directed to residents of the United States. If you access our online Services (including our website) from outside the United States, please be aware that your Personal Information may be transferred to, stored, and processed in the United States, which may not offer the same level of protection as the privacy laws of your jurisdiction. Additional disclosures for residents of the European Union, European Economic Area, and the United Kingdom may be found within our Investor Privacy Notice.
13. Third-Party Links and Services
Our website may contain links to or “frame” third-party websites, applications, and other services, including those of our independently operated portfolio companies. This Privacy Policy does not apply to those websites, which may have their own privacy policies or notices that you should review to understand how they may collect, use, or disclose your Personal Information.
14. Changes to this Policy
This Privacy Policy is subject to change at our discretion. We will indicate changes by updating the Effective Date at the top of this page. Your continued use of the Services after any update to this Privacy Policy will constitute your acceptance of the changes.
15. How to Contact Us
If you have any questions about how Roark handles your Personal Information or if you need to access this Policy in an alternative format due to a disability, please contact us at privacy@roarkcapital.com.