This Privacy Notice (the “Notice”) discloses the online privacy practices of MSD Partners, L.P. (“MSD,” “We,” or “Us”) and applies to the information it collects through www.msdpartners.com (the “Site”). This Notice governs how MSD collects and uses your Personal Information when you use the Site. By accessing and/or using the Site, you signify your consent to the collection, storage, and disclosure of data as described in this Notice, which may be updated by us at any time. Your continued use of the Site signifies acceptance by you of any changed terms to this Notice.
This Notice concerns only the Site and does not concern any website to which the Site may link. Should you choose to visit these third-party sites, you should review their privacy policies to ensure that you understand and are comfortable with their practices concerning your Personal Information.
1. The Information We Collect About You
If you are an MSD employee or investor, our policies and practices regarding the collection and processing of your Personal Information are detailed elsewhere. For all other individuals, MSD may collect and process the following categories of Personal Information about you from the sources identified as follows. When we use the term Personal Information, we mean any information that identifies or can be used to identify a specific individual or device.
- Communications Data. We may collect Personal Information that you provide when you contact us for any reason, such as to express an interest in obtaining additional information about our services, direct questions or concerns about our services to us, use a “Contact Us” form or similar features, sign up for our emails or attend an event, or download certain content. Such information may include but is not limited to name, job title, company name, phone number, address, and email address.
- Websites Data. WWe may collect and process Personal Information about you when you browse or use certain functions on the Site, which may include
i. Information collected by Cookies (which are small text files containing a string of alphanumeric characters) owned by third parties like Google. When you use the Site, these third parties may send one or more Cookies to your computer or mobile device and collect information about the services that you use and how you use them, which may include device-specific information, your navigation throughout the Site, and other technical and browsing preferences including your location and entry point to the Site. We may use both Session Cookies and Persistent Cookies: a Session Cookie disappears after you close your browser; a Persistent Cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent Cookies can be removed. To change your Cookie preferences, please click the “Cookie Preferences” tab below.
ii. Technical information that we may automatically receive and record from your computer, web browser and/or mobile device, including standard server log information; your IP address or other device address or ID; web browser, device, and/or operating system type; hardware and software settings and configurations; the web pages or sites that you visit just before or just after visiting the Site; the pages you view on the Site and your actions on the Site, such as the links you click within the Site; web pages you visit from clicking on links within an email message we send to you; and the dates and times that you visit, access, or use the Site. This includes information about how you use and navigate the Site, including which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions with the Site. When you use the Site on a mobile device, we may also collect the physical location of your device by, for example, using satellite, cell phone tower or wireless local area network signals.
- Submissions Data. We do not solicit requests for information or funding through our Site. However, you may choose to submit information to us, which may include Personal Information such as your name and contact information, which is subject to the Submissions Policy found by selecting the “Submissions Policy” below.
DO NOT TRACK: Your browser and other mechanisms may permit you to send do-not-track signals or other similar signals via your browser settings to express your preferences regarding online tracking. Due to the lack of any standard for how do-not-track should work on commercial websites, we do not currently respond to such signals.
2. How We Use Your Information
We may collect, store, disclose and/or process your Personal Information for the following purposes:
3. When We Disclose Information
- To operate, maintain, enhance, and provide all of the features of the Site;
- To understand and analyze the usages trends and preferences of our users, to analyze and report on the Site’s traffic, usage trends, to improve the Site, and to create new features and functionality;
- For ongoing review and improvement of the information, content and services provided on the Site to ensure it is user friendly;
- To conduct analysis required to detect malicious data and understand how this may affect your IT system;
- For in-depth threat analysis, to prevent any potential disruptions such as cyber-attacks, and for statistical monitoring and analysis of current attacks on devices and systems for the on-going adaption of the solutions provided to secure systems and devices against current attacks;
- To understand your needs and interests and respond to inquiries, and/or other requests or questions;
- To detect, investigate and prevent fraud and other crimes or malpractice, and to improve fraud detection and information security;
- For the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), and to obtain legal advice or to establish, exercise or defend legal rights;
- To confirm and verify your identity and to conduct due diligence;
- For the management and administration of our business, and to comply with our contractual obligations; and
- For purposes otherwise set out in this Policy.
MSD does not sell Personal Information. We do not share Personal Information with other people or nonaffiliated companies except when we have your permission, as required by law, and/or under the following circumstances:
4. Your Rights
- Technical Support. We work with third party service providers to provide website development, hosting, data storage, maintenance, and other services for us. To the extent it is necessary for these third party service providers to complete their contractual obligations to us, they may have access to or process information about you. Our third party service providers do not have any independent right to use or share such information outside of their relationship with us.
- Analytics. We partner with certain third parties to collect information regarding your use of our products and services in order to improve the maintenance and support we are able to provide you for our products and services. These third parties may also engage in analysis, auditing, research, and reporting. These third parties may use web logs or web beacons, and they may set and access Cookies on your computer or other device. Even if you do not click on these plug-ins, they may collect information about you, such as your IP address, the pages that you view, and the actions you complete. If you prefer to prevent third parties from setting and accessing Cookies on your computer, you may set your browser to block Cookies. Please note that certain aspects of our Site may not work correctly if you block Cookies. Any third party plugins and components are governed by the privacy statement of the company providing them (and not this Notice).
- Development of Products and Services. In some cases, in order to provide the products and services available through and/or in connection with the Site, we provide information about you to trusted partners who work on behalf of or with us under confidentiality agreements. Our partners do not have any independent right to use or share such information outside of their relationship with MSD.
- As Required or Permitted by Law. We may share information about you in response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We may share information about you if we have a good faith belief that it is necessary to do so in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law.
- Entity Transitions. We may transfer or assign information about you if MSD is acquired by or merged with another company, or in the unlikely event of a bankruptcy.
Depending on the jurisdiction in which you reside, you may have legal rights in relation to your Personal Information. These rights may include:
You can inquire about your rights by contacting us using the details listed below in Section 9.
- Declining to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Site;
- Requesting and obtaining information regarding how we may use your Personal Information;
- In some circumstances, requesting and receiving some Personal Information about you that you have provided to us;
- In some circumstances, requesting that we correct your Personal Information if it is inaccurate or incomplete;
- In some circumstances, requesting that we erase your Personal Information (but please note that there may be circumstances where we are legally entitled to retain Personal Information regardless of any such request);
- In some circumstances, requesting that we restrict or block our processing of your Personal Information (again, there may be circumstances where we are legally entitled to refuse that request); and
- Where applicable, the right to lodge a complaint with the data protection regulator in your jurisdiction if you think that any of your rights have been infringed by us.
5. California Privacy Rights
If you are a California resident, you have the right to request certain information from us regarding the manner in which we share with third-parties certain categories of information that identifies you. Please note that MSD does not share Personal Information with third parties for those third parties’ own direct marketing purposes.
Effective January 1, 2020, the California Consumer Protection Act (CCPA) provides California residents with certain rights that are in addition to the rights set out in Section 4 above (if you are a California resident, Personal Information will include the full definition of “Personal Information” under the CCPA).
If you are a California resident and you wish to exercise any of the rights enumerated in this section, you may contact us at (877) 673-2271 or by e-mail at firstname.lastname@example.org. This document is the sole statement of the MSD Partners Privacy Notice and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid.
- The right to request, up to twice in a twelve month period, your Personal Information in a format that is portable and, to the extent technically feasible, in a readily useable format that will allow you to transmit it to another entity.
- The right to request that we delete your Personal Information, except in circumstances where we are legally entitled to retain Personal Information regardless of any such request.
- The right to opt out of any sale of your Personal Information to any third parties, without experiencing any discrimination, as defined under the law, as a result of your exercise of this right. Please note that MSD does not sell Personal Information to third parties.
6. How We Protect Your Information
7. Visiting from Outside the United States
- Data Security. We use certain physical, managerial, and technical safeguards that are designed to protect the integrity and security of your information. We cannot, however, ensure or warrant the security of any information you transmit to us through the Sites and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Although we may allow you to adjust your privacy settings to limit access to your information, no security measures are perfect or impenetrable. We cannot control the actions of other users or other third parties with whom you may choose to share your information. Therefore, we cannot and do not guarantee that information you post through the Site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
- Data Retention. We only store your information for as long as may be needed to provide services to you, with the exception of information that we may need to store for a longer period of time to comply with legal or regulatory obligations, resolve disputes, enforce our agreements, or for records management purposes. We will also retain Websites Data for internal analysis purposes. Websites Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Site, or we are legally obligated to retain this data for longer periods. Please note that even after removal copies of information that you have posted may remain viewable in cached and archived pages or if other users have copied or stored such information.
- Protecting Children. Our Site and our products and services are intended for use by those over the age of 16. We do not knowingly collect Personal Information from children under the age of 16. If you are under 16 years of age, then please do not use or access the Sites at any time or in any manner.
This Site is controlled and operated by MSD in the United States. Please be aware that if you choose to access the Site from outside the United States, you acknowledge that you will be transferring your information, including Personal Information, outside of your region to the United States for storage and processing, as necessary to provide you the products and services available through the Site. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the Site or providing us with your information, you consent to the collection, transfer, storage, and processing of information to and in the United States.
8. Other Important Information
9. How to Contact Us
- Changes and Updates to this Notice. We reserve the right to make changes to this Notice at any time. We will notify you about significant changes in the way we treat your information, including by placing a prominent notice on the Site or by sending you an email so that you can choose whether to continue using the Site. Material modifications are effective 30 calendar days after our initial notification or upon your acceptance of the modified Notice. Immaterial modifications are effective upon posting of the updated Notice on the Site. Please revisit this page periodically to stay aware of any changes to this Notice. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Notice in effect at the time the dispute arose.
- Governing Law. This Notice is governed by the laws of the State of New York. Any dispute regarding this Notice or your use of the Site shall be resolved solely in the state or federal courts located in New York.
- Limitation of Liability. By accessing the Site and/or providing us with Personal Information and other data, you expressly and unconditionally release and hold us harmless from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with the use and/or misuse of such information. In addition, while we take efforts to ensure the proper and appropriate use of data by our service providers that may receive your information from us, we are not responsible for any injuries, loss, or damage of any kind arising from or in connection with the use and/or misuse of your data caused by those service providers.
- Third Party Websites. The Site may provide links to, or features from, other third party websites. If you link to or use such third party sites or features, you do so at your own risk. We do not control and are not responsible for the content or practices of any third party website, application, or other product or service.
If you have any questions or comments about this Notice or our practices in relation to your Personal Information, you can email us at email@example.com or write to us at Attn: Privacy Notice, MSD Partners; 645 Fifth Avenue, 21st Floor; New York, NY 10022-5910.