Privacy Notice

What Types of Personal Information do We Collect?

We collect and generate different types of Personal Information depending on how you use or interact with our Services. For purposes of this Privacy Notice, “Personal Information” means information that identifies, describes, or is reasonably capable of being associated with you that we collect or generate when you use or interact with our Services. The following describe various categories and sources of Personal Information we have collected, may collect, or generate, including in the past 12 months. 

Service Interactions: Information derived from providing real estate and infrastructure asset investment management services, administering our relationship with you and to carry out our obligations arising from the relationship between you and us, including internal accounting and administration purposes, to process payment for purchases or other services and to create and manage your account.

Demographic and Contact Information. Demographic and contact information that you provide to us. For example, we may collect information such as your name, mailing address, e-mail address, and telephone and fax number.

Financial Information. Such as your account number, payment card number, CVV, billing address, and related financial information. This may be considered sensitive Personal Information in some jurisdictions.

Online or Other Account Information. Username or email address and corresponding passwords, security questions, and other information needed to permit access to certain components of our Services which require registration and/or credentials. 

Webforms and Requests. Information you submit to us through online or interactive forms available within our Services. For example, you may “contact us,” submit feedback, request additional information about a Service, sign up for a mailing or other type of newsletter, or reach out to us regarding a question or concern. 

Professional or Employment-Related Information. Such as current or past job history or performance evaluations.

Sensitive Personal Information. Such as social security, driver's license, state identification card, or passport number; account log-in, or financial account number in combination with any required security or access code, password, or credentials allowing access to an account.

Websites. Information such as your username and password to enter certain sections of our websites or services, unique identifiers, preference information (such as marketing preferences), browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site, operating system, date/time stamp, and clickstream data and other pieces of information further described in Tracking Technologies.

Log Information. Usage details of our Services, including the address (or URL) where you came from before visiting us, which pages or features you visit or utilize, which browser you use, search terms you enter, and items you click on. We may also create usage statistics and monitor the traffic from your use or interaction with our Services. 

Internet Protocol (IP) Addresses. IP addresses are unique identifiers automatically assigned to each computer when logging onto the Internet. We generally collect IP address information from visitors using or interacting with the Services and we log them for system administration purposes. In some cases, as described below, we may also use IP addresses to serve you ads on third party websites regarding our Services that may be of interest to you based upon your use or interaction with the Services if you have opted in to certain types of cookies. You can always adjust your Cookie Settings or your individual browser’s settings. 

How Do We Use Personal Information?

Depending on what Services you use and how you interact with us, we may use Personal Information about you in the following ways. We will generally rely on the following business purposes to collect and use Personal Information: performance of a contract, compliance with our legal obligations, pursuing our legitimate interests, consent, or protection of vital interests.

To administer and provide you with the Services. If you access a section of our Services requiring a username and password, we will use Personal Information about you to create and/or administer your account, authenticate your credentials, remember your preferences, and allow you to access and use the Services. 

To manage business transactions. During certain business interactions, we may use Personal Information about you to manage business transactions with you or the company or organization you work(ed) for. This may include making or responding to requests related to the Services or obtaining or making payments for such Services.

To respond to your inquiries and provide information about the Services. If you send us questions, make an inquiry or request, or ask for certain information, we may use Personal Information about you to respond to you. 

To send you marketing information. We may use Personal Information about you to provide you with information about our Services, to send you marketing communications, or to enable you to participate in surveys or questionnaires.

To respond to employment inquiries. If you contact us in relation to your employment prospects, we will use Personal Information about you to consider you for current and future employment opportunities and to contact you with respect to employment opportunities at Pennybacker that you have expressed an interest in.

In connection with your application, you may be asked to complete the Predictive Index Behavioral Assessment. By selecting the Behavioral Assessment link, you will be directed to a third-party assessment services website, currently Predictive Index, LLC -predictiveindex.com (“Assessment Provider”). Your use of the Assessment Provider’s Services is governed by the Assessment Provider terms of service and privacy policy available through the Assessment Provider’s website.

To improve the Services and user experience. We may use Personal Information about you to gather and create statistics regarding your usage of our Services. For example, we may monitor how many users visit our Services in a given time, which components or pages are most popular, which domains you come from, which browsers you use, and how you navigate our Services. We use this information to better understand our users, personalize users’ experiences and interactions with us, and improve the content and performance of our Services.  

To comply with applicable laws and our legal obligations. We may use Personal Information about you to comply with applicable laws, regulations, industry codes of conduct, and Pennybacker’s internal policies and procedures, including:

• For compliance with applicable retention obligations;
• To respond to lawful requests by public authorities (e.g., to investigate fraud or     respond to a government request);
• To investigate potential breaches; and
• To protect our rights, property, safety, and those of our users.  

Merger or Sale. If we are involved in a merger, acquisition, or sale of our assets (or a portion thereof), we may share Personal Information about you with a corporate purchaser, successor in interest, or prospect to the extent permitted by law.  

Other uses. Where permitted by law, we may also enhance or combine information about you, including Personal Information about you, with information about you that we obtain from third parties for the same purposes described in this Privacy Notice.

Use of Non-Personally Identifiable Information. We may use non-personally identifiable information, such as anonymized and/or aggregated Services usage data, in any manner that does not identify individual users for the purpose of improving the operation and management of the Services, including to develop new features, functionality, and services, to conduct internal research, to better understand usage patterns, to resolve disputes, to troubleshoot problems, to fulfill user requests, or for security and compliance purposes. Any non-personally identifiable information that is combined with Personal Information will be treated by us as Personal Information.

Change of purpose. We will only use Personal Information about you for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use Personal Information about you for an unrelated purpose, we will notify you and we will explain the business purpose which allows us to do so.

Please note that we may process Personal Information about you without your knowledge or consent, incompliance with the above rules, where this is required or permitted by law.

Do we share personal information with third parties? 

Links to Third-Party Websites. As a resource to our users, we may provide links to other unaffiliated websites or services within our Services. If you choose to visit such third-party websites or services, please note that any information you submit to them is not subject to this Privacy Notice. 

Pennybacker Affiliates and Subsidiaries. Pennybacker is a global company, and it shares Personal Information with its affiliates and subsidiaries for the purposes described in this Privacy Notice. For more information about Pennybacker’s affiliates and subsidiaries in your market, please refer to the Contact Us section of this Notice.

Service Providers. We may share Personal Information about you with third party service providers that we hire to help us administer and provide the Services to you. These third parties are required to treat Personal Information about you in accordance with appropriate contractual and legal privacy and security requirements. 

Do we sell or share personal information? 

We do not sell Personal Information or share Personal Information for cross-contextual behavioral advertising purposes.

How do we Secure and Retain personal information?

We have reasonable security measures in place to protect against the loss, misuse, and alteration of any Personal Information we receive about you. We maintain reasonable security standards to protect the Personal Information that we maintain. If you have any questions about the security of Personal Information about you, please contact us.

We will retain Personal Information about you only for as long as we reasonably consider it necessary for achieving the purposes set out in this Privacy Notice, or for as long as we are legally required to retain it. If you have questions about applicable retention periods, please contact us.

For what business purpose can Pennybacker use my personal information? 

We are required to satisfy one or more of the reasons set out by applicable data privacy law before we can collect and use Personal Information about you.

Generally, our business purpose for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it. However, we will normally rely on the following reasons to collect and use Personal Information about you:

Performance of a Contract. Using Personal Information about you may be necessary for us to perform our obligations under a contract with you or with a view to entering into such a contract. For example, where you have: (i) purchased services from us, we will need to use your information to provide those services; or (ii)approached us in relation to employment opportunities, the collection and use of Personal Information about you is necessary to enable us to offer you the job role, process your acceptance of the offer, on-board you as an employee and fulfil our obligations as an employer.

Compliance with Our Legal Obligations. The collection and use of Personal Information about you may be necessary to enable us to meet our legal obligations. For example, to verify your identity and undertake necessary due diligence checks.

Pursuing our Legitimate Interests. Where such processing is not overridden by your interests or fundamental rights, we are permitted to use Personal Information about you where it is necessary to pursue our legitimate interests, for example to operate the website and our other digital offerings, to improve our services, content and our other digital offerings or to undertake marketing. We may have other legitimate interests and if appropriate we will make this clear to you at the relevant time.

Consent. In some limited circumstances, we may rely on your consent to collect and use Personal Information about you. For example, we may rely on consent: (i) where you have approached us in relation to employment opportunities and have provided us with sensitive personal information, or (ii)in relation to the sending of e-marketing or communications.

DOES PENNYBACKER TRANSFER PERSONAL INFORMATION TOOTHER COUNTRIES?

To provide our services, we may need to transfer and process Personal Information about you internationally(including to destinations outside the country in which you are located).

As a result, your information may be transferred to and/or processed in countries which may not guarantee the same level of protection for Personal Information as the country in which you reside. However, we have taken appropriate safeguards to ensure that Personal Information about you will remain protected in accordance with this Notice.

Further information can be provided on request: please contact us using the details found in the section “How do I contact Pennybacker?" We have also implemented similar appropriate safeguards with our third-party service providers and partners and further details can be provided upon request.

HOW OLD DO I HAVE TO BE TO USE PENNYBACKER SITES OROTHER DIGITAL OFFERINGS?

You must be aged 13 or over to use the Pennybacker sites and our other digital offerings as our Services are not intended for children under 13 years of age. No one under age 13 may provide any Personal Information to or on the Services. We do not knowingly collect Personal Information from children under 13. Residents of certain states under 13, 16,or 18 years of age may have additional rights regarding the collection and sale of their Personal Information. Please see Your State Privacy Rights for more information.

If you believe we might have any information from or about a child under 13, please contact us at info@pennybackercap.com. If we are made aware that we have received such information, or any information in violation of our policy, from a child under 13 without verification of parental consent, we will delete that information from our records.

WHAT ARE MYDATA PROTECTION CHOICES AND RIGHTS?

State consumer privacy laws may provide their residents with additional rights regarding our use of Personal Information. The following Section applies to individuals who reside in specific jurisdictions that provide additional privacy rights.

Your Rights and Choices

Right to Access Specific Information and Data Portability Right. You have the right to request that we disclose certain information to you about our collection and use of Personal Information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

·        The categories of Personal Information we collected about you.

·        The categories of sources for the Personal Information we collected about you.

·        Our business or commercial purpose for collecting or selling that Personal Information.

·        The categories of third parties with whom we share that Personal Information.

·        The specific pieces of Personal Information we collected about you (also called a data portability request).

·        If we disclosed Personal Information for a business purpose, the business purpose for which Personal Information was disclosed, and the Personal Information categories that each category of recipient obtained.

Right to Correct Information. You have the right to request we update Personal Information about you that is incorrect in our systems. You can also review and change Personal Information about you by logging into the Services and visiting your account profile page.

Right to Delete. You have the right to request that we delete any Personal Information about you that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) the Personal Information from our records, unless an exception applies.

Right to Opt-out of the sale or sharing of Personal Information for Cross-Contextual Behavioral Advertising. We do not sell Personal Information or share Personal Information for cross-contextual behavioral advertising purposes.

Right to Limit Sensitive Personal Information Use. You have the right to limit the use of sensitive Personal Information regarding you.

Non-Discrimination. We will not discriminate against you for exercising any of your rights.

Right to Opt-Out. You have the right to opt-out of personal data processing for targeted advertising, sales, or either limit (opt-out of) or require consent to process sensitive personal data.

How to Exercise these Rights. The exact scope of these rights may vary by state. To submit a request to exercise these rights you may use one of these three methods:

·        Email: info@pennybackercap.com

·        Phone: 512-610-2910

·        Submit a Request

For all requests, please clearly state that the request is related to “Your Privacy Rights,” indicate which type of request you are making, and provide your name, street address, city, state, zip code and an e-mail address or phone number where we may contact you. We are not responsible for notices that are not labeled or sent properly or that do not include complete information.

To appeal a decision regarding a consumer rights request, please submit your appeal using one of the three methods above. Your appeal should include an explanation of the reason you disagree with our decision. Within 60 days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions.

Only you, or a person registered with the applicable Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to Personal Information about you. You may also make a verifiable consumer request on behalf of your minor child.

You may only make such a request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative and describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response electronically. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide the Personal Information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Opt-out Preference Signals. Our website honors General Privacy Control (“GPC”) opt-out preference signals when such signals are configured through your browser. You can get further help in configuring your browser by visiting: https://globalprivacycontrol.org/

California Shine the Light Law. California Civil Code Section 1798.83 permits users who are California residents to obtain from us once a year, free of charge, a list of third parties to whom we have disclosed Personal Information (if any) for direct marketing purposes in the preceding calendar year. If you are a California resident and you wish to make such a request, please send an e-mail with “California Privacy Rights” in the subject line to info@pennybackercap.com or write us at: Pennybacker Capital, Attn: Privacy Inquiries, 1111 W 6th St, Building A, Suite 200, Austin, TX 78703.

Does this Privacy Notice change?

We may periodically update this Privacy Notice to describe new Services and how such Services may affect our collection and use of Personal Information. If we make material changes to this Privacy Notice, we will post a notice of the material changes on our website. If we use Personal Information about you for other purposes not specified in this Privacy Notice, we will notify you and obtain your consent, to the extent required by applicable law. We encourage you to periodically review this Privacy Notice for the latest information on our privacy practices.  

How can you Contact Pennybacker?

If you have questions or concerns about this Privacy Notice, our information practices, or any other aspect of the privacy and security of Personal Information about you, please contact us using the information below. 

Email: info@pennybackercap.com (please include “Privacy Inquiry” in the subject line)

Phone: 512-610-2910

Mail: Pennybacker Capital, Attn: Privacy Inquiries, 1111 W 6th St, Building A, Suite 200, Austin, TX 78703.

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