Waterfall AM Privacy Statement

ONLINE PRIVACY STATEMENT

The effective date of this Online Privacy Statement (the “Policy”) is May 21, 2013.

Protecting your privacy is important to Waterfall Asset Management, LLC (“Waterfall”) and our employees. Please take a few minutes to review this Policy before using www.WaterfallAM.com (the “Site”). By using the Site, you are consenting to the collection, use, and disclosure of your Personal Information as set forth here. If you do not agree with this, please do not use the Site.

A. Scope of Policy

1. Terms and Conditions

This Policy is part of the Terms and Conditions for the Site.

2. Privacy Notices

This Policy includes any separate privacy notices and/or notices posted on particular pages of this Site that may provide more detail regarding the Personal Information we collect on those pages, why we need that information, and choices you may have about the ways we use that information.

3. Other Agreements

When you sign up to use a special feature of the Site, you may be asked to expressly consent to special terms, for example, by checking a box or clicking on a button marked, “I agree.” This separate agreement will supplement or amend this Policy, but only with respect to the matters governed by such separate agreement.

4. Links to Other Sites

This Site contains links to other third party websites. This Policy does not apply to such unaffiliated websites.

5. Access to Site from Outside the United States

Your Personal Information is currently collected and stored on servers located in the United States, although we may transfer your Personal Information to our service providers and others located in the United States or another country for the purposes described in this Policy. No matter where your Personal Information is collected, used, transferred or stored, if it was collected through this Site, it will be protected by the terms of this Policy.

BY USING THIS SITE, YOU ARE CONSENTING TO THE COLLECTION, USE, TRANSFER AND STORAGE OF YOUR PERSONAL INFORMATION IN OR TO THE UNITED STATES OR TO ANY OTHER COUNTRY IN THE WORLD SUBJECT TO THE TERMS OF THIS POLICY.

B. Types of Information We Collect

“Personal Information” refers to information that identifies you personally, alone or in combination with other information available to us. Examples of Personal Information include your name, address, and email address.

1. Information You Volunteer

Waterfall collects Personal Information you knowingly and voluntarily provide when you use this Site. For example, we may collect the Personal Information you submit when you register with this Site and/or contact us with questions.

2. Information Sent by Your Web Browser

We collect information that is sent to us automatically by your Web browser. This information typically includes your IP address (identifies your computer’s “location” and may be linked to account information that identifies you personally), the identity of your Internet service provider, the name and version of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. Please check your browser if you want to learn what information your browser sends or how to change your settings.

3. Cookies and Similar Technologies

We use “cookies” and other Web technologies to collect information and support certain features of this Site. For example, we may use these technologies to:

  • collect information about Site usage — which pages are visited, which links are used, and how long each page is visited.
  • support the features and functionality of this Site — for example, to save you the trouble of re-entering information already in our database or to prompt the settings you established on previous visits, and
  • personalize your experience on the Site.

Generally, the information we collect using these Web technologies does not identify you personally. If, however, you have created a user identity, for example, by registering on this Site, we may link the information we collect using these Web technologies to other information that identifies you personally.

Generally, if you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Although you are not required to accept cookies when you visit this Site, you may be unable to use all of the functionality of this Site if your browser rejects cookies.

C. How We Use Personal Information

In general, we use Personal Information we collect through this Site:

  • to provide the information, products and services you request.
  • to better understand your needs and interests.
  • to provide you with a personalized experience when you use this Site.
  • to provide you with effective customer service.
  • to improve the content, functionality and usability of this Site.
  • to contact you with information and notices related to your use of this Site.
  • to contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us).
  • to invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us).
  • to improve our products and services.
  • to improve our marketing and promotional efforts.
  • for security, credit or fraud prevention purposes, and
  • for any other purpose identified in any other agreement between us.

D. How We Share Personal Information

1. Third-Party Vendors

We may share Personal Information collected through this Site with third-party vendors who act for or on behalf of Waterfall. These third-party vendors may need information about you to perform their functions.

2. Waterfall Related Companies

When you provide Personal Information through this Site we may share your Personal Information with Waterfall employees and any related companies. Any Waterfall related company is required to handle information collected through this Site in accordance with this Policy and the privacy preferences you have expressed to us. Accordingly, if we share your Personal Information with a related company, it will use your information only as permitted under this Policy (and any applicable Privacy Notices) and will honor the privacy preferences you have expressed to us.

3. Business Negotiations/Transfers

We may contemplate, for strategic or other reasons, selling, buying, merging, or otherwise reorganizing one or more of our businesses. In negotiating with a third party about entering into such an arrangement, we may need to disclose your Personal Information. In such cases, we will take reasonable measures to protect the Personal Information we disclose, for example, by requiring a prospective purchaser to sign a non-disclosure agreement limiting the use and protecting the confidentiality of the Personal Information.

Your Personal Information may also be transferred to a successor organization if, for example, we transfer the ownership or operation of this Site to another organization or if we merge with another organization. If such a transfer occurs, the successor organization’s use of your Personal Information will still be subject to this Policy and the privacy preferences you have expressed to us.

4. Compliance with Laws and Protection of Our Rights and the Rights of Others

We may disclose your Personal Information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order, or a subpoena. We may also disclose your Personal Information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of this Site; to enforce or apply our Terms and Conditions or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others.

5. As Described in a Privacy Notice

We reserve the right to disclose your Personal Information as described in any Privacy Notice posted on the Web page where you provide that information. By providing your Personal Information on that Web page, you will be consenting to the disclosure of your Personal Information as described in that Privacy Notice.

E. Your Choices

1. In General

We respect your right to make choices about the ways we collect, use, and disclose your Personal Information. As noted above, you have choices about the delivery of cookies to your computer through this Site. In addition, we may ask you to indicate certain choices at the time we collect your Personal Information, for example, via an “opt out” or “opt in” choice.

2. Previously Expressed Preferences

You may change previously expressed preferences regarding how we use your Personal Information. If you have registered with this Site, you may be able to change certain privacy preferences through your account settings. Otherwise, if at any time you wish to be taken off any Waterfall mailing list, please contact us at 212-257-4606. Once we have the information we need, we will remove you from our mailing lists as you have requested. Please give us a reasonable amount of time to honor your request.

F. How to Access, Update or Correct Your Personal Information

If you have registered with this Site, you may be able to access, update, or correct your Personal Information through your account settings. Otherwise, you may need our help. If you wish to access, update, or correct your Personal Information, please contact us at 212-257-4606. We will respond to you within a reasonable time and, in any case, within the time limits established by applicable law. We may ask you for additional information to verify your identity. In most cases, we will provide access and correct or delete any inaccurate information you discover. In some cases, however, we may limit or deny your request if the law permits or requires us to do so or if we are unable to verify your identify.

G. Steps We Take to Safeguard Your Personal Information/Security

We maintain reasonable administrative, physical, and technological measures to protect the confidentiality and security of Personal Information you submit on or through this Site. Unfortunately, no website, server or database is completely secure or “hacker proof.” We therefore cannot guarantee that your Personal Information will not be disclosed, misused or lost by accident or by the unauthorized acts of others.

H. Children Under the Age of Thirteen

The Site is not intended for children or minors under the age of thirteen years. We do not knowingly collect Personal Information from, or market online to, children under 13.

I. This Policy May Change

We reserve the right to update or modify this Policy at any time, without prior notice, by posting the revised version of this Policy behind the link marked “Privacy Policy” at the bottom of each page of the Site. Your continued use of this Site after we have posted the revised Policy constitutes your agreement to be bound by the revised Policy.

J. Contact Us

If you have questions about this Online Privacy Statement, please contact our Compliance Department at 212-257-4606 or write to us at Waterfall Asset Management, LLC 1140 Avenue of the Americas, 7th Floor, New York, NY 10036.