Privacy Notice

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Privacy Notice

Privacy Notice

Your privacy is very important to us. This Privacy Notice sets forth OFS Credit Company, Inc.’s (‘’our,” “we,” or “the Company”) policies with respect to non-public personal information provided to us. These policies apply to stockholders in the Company and may be changed at any time, provided a notice of such change is given to you. This notice replaces all previous statements of our privacy policy.

Information We Collect

You may provide us with non-public personal information, such as your name, address, e-mail address, social security and/or tax identification number, assets and/or income information: (i) in a trading confirmation or other related account or transaction documentation; (ii) in correspondence and conversations with us and our representatives; and (iii) through transactions in the Company.

Where do we obtain your personal data?

We may collect, and may have collected, information about you from a number of sources, including from you directly:

  WHAT HOW
1 Information that you give us
  • when you provide, or provided, it to us in correspondence and conversations
  • when you have made / make transactions
2 Information we obtain from others
  • publicly available and accessible directories and sources
  • tax authorities, including those that are based outside the jurisdiction where you are located if you are subject to tax in another jurisdiction
  • governmental and competent regulatory authorities to whom we have regulatory obligations
  • credit agencies
  • fraud prevention and detection agencies and organizations

Why do we process your personal data?

We may process your personal data for the following reasons:

  WHY HOW
1 Obligations It is necessary to perform our obligations to:

  • administer, manage and set up your investment
  • facilitate the transfer of funds, and administering and facilitating any other transactions
2 Compliance with law It is necessary for compliance with an applicable legal or regulatory obligation to which we are subject to:

  • verify the identity and addresses of our investors (and, if applicable their beneficial owners)
  • comply with requests from regulatory, governmental, tax and law enforcement authorities
  • conduct surveillance and investigation
  • carry out audit checks
  • maintain statutory registers
  • prevent and detect fraud
  • comply with the U.S Office of Foreign Assets Control list and other governmental sanctions lists
3 Our legitimate interests For our legitimate interests or those of a third party to:

  • address or investigate any complaints, claims, proceedings or disputes
  • provide you with, and inform you about, our investment products and services
  • monitor and improve our relationships with investors
  • send direct marketing communications to you
  • comply with applicable regulatory obligations
  • manage our risk and operations
  • comply with our accounting and tax reporting requirements
  • comply with our audit requirements
  • assist with internal compliance with our policies and process
  • ensure appropriate group management and governance
  • keep our internal records
  • prepare reports on incidents / accidents
  • protect our business against fraud, breach of confidence, theft of proprietary materials, and other financial or business crimes (to the extent that this is not required of us by law)
  • analyze and manage commercial risks
  • seek professional advice, including legal advice
  • enable any actual or proposed assignee or transferee, participant or sub-participant of the partnership’s or our rights or obligations to evaluate proposed transactions
  • facilitate business asset transactions involving the Company or related investment vehicles
  • monitor communications to/from us using our systems
  • protect the security and integrity of our IT systems

We only rely on these interests where we have considered that, on balance, our legitimate interests are not overridden by your interests, fundamental rights or freedoms.

How We Share Information We Collect

We may share any of the non-public personal information collected from our stockholders, or prospective or former stockholders with our affiliates, such as our investment adviser, and to certain service providers such as our accountants, attorneys, auditors, transfer agents and brokers, in each case for our everyday business purposes, such as to facilitate the acceptance and management of your investment or account and our relationship with you,  or as otherwise permitted by applicable law. We may also disclose the information we collect:

  1. As Authorized – if you request or authorize disclosure of the information, in each case in accordance with the agreements governing your investment;
  2. As required by law – for example, to cooperate with any government regulators, self-regulatory organization or law enforcement authorities;
  3. As otherwise permitted by law – for example, (i) to service providers who maintain, process or service the Company; (ii) in connection with the making, management or disposition of any fund investment; (iii) as otherwise necessary to effect, administer or enforce investment or fund transactions; or (iv) in connection with a sale or other transfer of the Company. We may also share information with attorneys, accountants, other service providers and with persons otherwise acting in a representative or fiduciary capacity on behalf of investors or the fund.
  4. To service providers – we may share information with service providers that perform marketing services on our behalf.

We do not, and will not, sell personal data to third parties.

Consent and your right to withdraw it

We do not generally rely on obtaining your consent to process your personal data. If we do, you have the right to withdraw this consent at any time. Please contact us at 1-833-687-3622 or send us an email at privacy@ofsmanagement.com at any time if you wish to do so.

Personal data from minors

We do not offer financial services and products to minors and do not intend to collect personal information from children under the age of 16. We follow all local legal requirements with respect to the collection and processing of a minor’s personal information.

Retention and deletion of your information

As a general principle, we do not retain your personal data for longer than we need it. We keep your personal data only for as long as it is required by us for our legitimate business purposes, to perform our contractual obligations, or where longer, such longer period as is required by law or regulatory obligations which apply to us.  For example, we will generally retain personal information about you throughout the life cycle of any investment you are involved in.

We will usually delete your personal information (at the latest) seven (7) years after the termination of your last investment in any OFS-managed investment vehicle.  

Your GDPR rights

Individuals located in the EU may have certain data protection rights, including:

  • the right to access your personal data
  • the right to restrict the use of your personal data
  • the right to have incomplete or inaccurate data corrected
  • the right to ask us to stop processing your personal data
  • the right to require us to delete your personal data in some limited circumstances
  • the right to request information, with respect to our practices within the 12 months prior to your request, regarding the specific personal data we have collected from you, the sources from which we obtained it, the purposes for which we collected, used and shared the personal data, and the categories of third parties with whom we have shared it.

You also have a right to object to processing of your personal data where that processing is carried out for our legitimate interest or for direct marketing.

You also have the right in some circumstances to request for us to “port” your personal data in a portable, re-usable format to other organizations (where this is possible).

You also have the right to lodge a complaint about the processing of your personal data with your local data protection authority.

You may exercise your right to make these requests/objections by contacting us at 1-833-687-3622 or sending us an email at privacy@ofsmanagement.com at any time if you wish to do so.

Your rights under the California Consumer Privacy Act (“CCPA”)

Residents of California have certain data protection rights under CCPA relating to certain personal information, including:

  • the right to disclosure of personal data collected and processed
  • the right to “opt-out” of personal data to be sold
  • the right to require us to delete your personal data in some limited circumstances

Nonpublic information of individual consumer investors is subject to the Gramm-Leach-Bliley Act and the disclosures above in the main section of this notice.

Your Right to Request Disclosure of Information We Collect and Share about You

If you are a California resident, the CCPA grants you the right to request certain information about our practices with respect to personal information.  In particular, you can request the following:

  1. The categories of your personal information that we’ve collected.
  2. The specific pieces of your personal information that we’ve collected.
  3. The categories of sources from which we collected personal information.
  4. The business or commercial purposes for which we collected personal information.
  5. The categories of third parties with which we shared personal information.

You can submit a request to us for additional information regarding the categories of personal information that we’ve shared with service providers who provide services for us, like processing your bill.

To exercise your CCPA rights with request to this information, contact us at 1-833-687-3622 or send us an email at privacy@ofsmanagement.com at any time.

Your Right to Request the Deletion of Personal Information

Upon your request, we will delete the personal information we have collected about you, except for situations when that information is necessary for us to: provide you with a product or service that you requested; perform a contract we entered into with you; maintain the functionality or security of our systems; comply with or exercise rights provided by the law; or use the information internally in ways that are compatible with the context in which you provided the information to us, or that are reasonably aligned with your expectations based on your relationship with us.

To exercise your right to request the deletion of your personal information, please contact us at 1-833-687-3622 or send us an email at privacy@ofsmanagement.com at any time if you wish to do so.

Your Right to Ask Us Not to Sell Your Personal Information

We do not, and will not, sell your personal information.

Our Support for the Exercise of Your Data Rights

We are committed to providing you control over your personal information.  If you exercise any of these rights explained in this section of the Privacy Policy, we will not disadvantage you.  You will not be denied or charged different prices or rates for goods or services or provided a different level or quality of goods or services.

How We Will Handle a Request to Exercise Your Rights

For requests for access or deletion, we will first acknowledge receipt of your request.  We will provide a substantive response to your request as soon as we can, generally within 45 days from when we receive your request, although we may be allowed to take longer to process your request under certain circumstances.  If we expect your request is going to take us longer than normal to fulfil, we’ll let you know.

When you make a request to access or delete your personal information, we will take steps to verify your identity.  These steps may include asking you for personal information, such as your name, address, or other information we maintain about you.  If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to the request.  We will notify you to explain the basis of the denial.

You may also designate an authorized agent to submit requests on your behalf.  If you do so, you will be required to verify your identity by providing us with certain personal information as described above.  Additionally, we will also require that you provide the agent with written permission to act on your behalf, and we will deny the request if the agent is unable to submit proof to us that you have authorized them to act on your behalf.

You may exercise your right to make these requests/objections by contacting us at 1-833-687-3622 or sending us an email at privacy@ofsmanagement.com at any time if you wish to do so. These requests for disclosure are generally free.

We may not, and will not, discriminate against any CA Consumer who exercises its rights as set forth in this policy.

 

Concerns or queries

We take your concerns very seriously. We encourage you to bring to our attention any concerns you may have about our processing your personal data.

This Privacy Notice was drafted with simplicity and clarity in mind. We are, of course, happy to provide any further information or explanation needed. Our contact details are below.

Safeguards and Compliance

Except as permitted by law, we require all non-affiliated third-party service providers to whom we disclose non-public personal information about our customers to enter into confidentiality agreements with us.

We implement and maintain reasonable security appropriate to the nature of the personal information that we collect, use, retain, transfer or otherwise process, and will take reasonable steps to protect your personal data against loss or theft, as well as from unauthorized access, disclosure, copying, use or modification, regardless of the format in which it is held. While we are committed to developing, implementing, maintaining, monitoring and updating a reasonable information security program, unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure.  Data security incidents and breaches can occur due to vulnerabilities, criminal exploits or other factors that cannot reasonably be prevented.  Accordingly, while our reasonable security program is designed to manage data security risks and thus help prevent data security incidents and breaches, it cannot be assumed that the occurrence of any given incident or breach results from our failure to implement and maintain reasonable security. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the website cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

If you have any questions regarding this policy or the treatment of your non-public personal information, please contact us at 1-833-687-3622 or send us an email at privacy@ofsmanagement.com.