PRIVACY POLICY AND TERMS AND CONDITIONS

Thank you for visiting the website of Clayton, Dubilier & Rice, LLC (“CD&R”, “we” or “us”). By using this website, you agree to abide by the following terms of use (“Terms”) and privacy policy and notice (“Notice”). If you do not accept these Terms and Notice, you may not use this website. CD&R may change this website’s Terms at any time, and your continued use of this website after any such changes will signify and constitute your assent to such revised Terms.

Except as otherwise stated herein, these Terms and Notice do not apply to the use of the Limited Partner Reporting System.

The information made available to you through this website does not constitute an offer to sell or a solicitation of an offer to purchase interests in any fund sponsored by CD&R. Any such offer or solicitation will be made only through a private offering pursuant to a confidential private placement memorandum and related subscription documents. Nothing on this website should be construed as investment, tax, legal, accounting or other advice.

A.                TERMS OF USE     

1.      Restrictions on Use of Website

You agree not to:

a.       take any action that imposes an unreasonable or disproportionately large load on this website’s infrastructure;

b.      use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website;

c.       use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website to harvest or otherwise collect information from this website to be used for any commercial purpose;

d.      allow any other person or entity to use your user ID or password on the Limited Partner Reporting System; and

e.       attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.

You further agree not to violate or attempt to violate the security of this website, including, without limitation:

a.             accessing data not intended for you or logging into a server or account that you are not authorized to access;

b.            attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or

c.             attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, this website.

We may investigate occurrences that may involve violations of the security of this website or of the law, and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right to disclose any information about you or your use of our website in connection with any investigations by us or law enforcement authorities.

We cannot and do not assure that other users are or will be complying with these Terms and Notice, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

We may change this website or delete content or features in any way, at any time and for any reason or no reason.

2.      Restrictions on Use of Materials

Any person using this website is permitted to copy and print a minimal number of individual website pages solely for informational use. Users may also copy or print a minimal number of copies of any research or reports posted on this website solely for informational use. These copies must not alter the original website content, including, without limitation, any legal notices or legends. Our prior permission is required for (a) any commercial use of materials on this website; (b) making more than a minimal number of copies of such materials; and (c) copying portions of our website, such as by bots, robots or spiders that “harvest” the website. If you seek permission for any such use of our website, please contact us using the details in the “Questions and Contact Information” below.

3.      Linking and Framing

We do not permit others to link to or frame this website or any portion thereof.

The Terms and Notice apply only to this website and not to other websites that may be accessible from this website via hyperlink. We are responsible only for the content of our own website. We encourage you to review the privacy policies and terms of use of all other websites that you visit. We disclaim responsibility for the privacy policies and customer information practices of third-party internet websites linked from this website.

We may occasionally provide hyperlinks to third party websites. This is done as a convenience to you and should not be construed as an endorsement of any website, company, product or service by any third party. We do not review or monitor any websites linked from or to this website, and while we endeavor to only provide links to websites we think are worthwhile and accurate, we cannot be responsible for the content or accuracy of the information presented on those third party websites, any products or services contained in or accessible through such other websites or their terms of use or privacy policies. We specifically disclaim any liability for any loss or damages which you may incur, directly or indirectly, as a result of your use of them.

We reserve the right to terminate a link to a third party website at any time.

4.      Ownership

All content included on this website, such as graphics, logos, articles and other materials, is the property of CD&R or others and is protected by copyright and other laws. All trademarks and logos displayed on this website are the property of their respective owners, who may or may not be affiliated with our organization.

5.      Submissions

As our website indicates, the information on these pages is intended solely for the benefit of persons who might be aware of investment opportunities that would interest CD&R. Please be advised that any comments, suggestions, ideas or other information that you send to us through our website will not be treated as confidential and that we will own and have the right to use them as we choose, without payment to you. CD&R’s services are provided only to a limited number of private investment funds; CD&R does not make its services available to the public.

6.      International Use

Due to the global nature of the Internet, this website may be accessed by users in countries other than the United States. We make no warranties that materials on this website are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this website, then you should not do so. Those who choose to access this website outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.

7.      UK Users

In the United Kingdom, this website is directed only at persons who have professional experience in matters relating to investments, falling within article 19(5) (“investment professionals”) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (as amended) (the “Order”), persons falling within article 49(2)(a) to (d) (“high net worth companies, unincorporated associations etc.”) of the Order, or persons to whom this website may otherwise lawfully be directed (together, “relevant persons”). The contents of this website must not be acted on or relied on by persons who are not relevant persons. Any investment or investment activity to which this website relates is available only to relevant persons and will be engaged in only with relevant persons. None of the statements on this website excludes or restricts any duty or liability that CD&R has under the rules and regulations of the Financial Services and Markets Act 2000 of the United Kingdom.

8.      Financial Information

This website may contain information that includes or is based upon forward-looking statements within the meaning of federal securities laws. Forward-looking statements are made based on CD&R’s current expectations and beliefs concerning future developments and their potential effects. You can identify these statements by the fact that they do not relate solely to historical or current facts. They generally include words such as “believe”, “expects”, “anticipates”, “intends” and similar words. There can be no assurance that future developments will be in accordance with CD&R’s expectations or that the effect of future developments will be those anticipated by CD&R. The following important factors, risks and uncertainties are among those that may affect such statements: (a) changes in performance of financial markets and interest rates; (b) development of new financial products; and (c) regulatory, accounting or tax changes that may affect the cost of, or demand for, our financial products or services. While CD&R periodically reassesses material factors, risks and uncertainties, we do not intend to revise any forward-looking statements to reflect changes in events, circumstances or expectations or to reflect the occurrence of unanticipated events after the date on which a statement is made.

9.      Limitations of Liability

We are not responsible for any damages or injury, including, without limitation, special or consequential damages, that result from your use of (or inability to use) this Website (including our Limited Partner Reporting System), including, without limitation, any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure or other computer malfunction. You acknowledge that we provide the contents of this Website on an “as is” basis with no warranties of any kind, express or implied, including that the website will be accessible, error-free, non-infringing, merchantable or fit for a particular purpose. Your use of this website and reliance upon any of the materials on it is solely at your own risk.

10.  Indemnity

By accessing this website, you agree to indemnify us and our affiliates, and our and their respective partners, stockholders, members, managers, officers, directors, employees and agents (collectively, the “CD&R Indemnitees”) against, and hold the CD&R Indemnitees harmless from, any and all claims and expenses, including attorneys’ fees, arising from your use of this website. You hereby release the CD&R Indemnitees from any and all claims, demands, debts, obligations, damages (actual, consequential or special), costs and expenses of any kind whatsoever that you may have against the CD&R Indemnitees arising out of or in any way related to such disputes.

11.  Governing Law and Venue

You agree that your use of this website and any disputes relating to this website and/or the Terms and/or Notice shall be governed in all respects by the laws of the State of New York. You agree that any action at law or in equity arising out of or relating to this website and/or the Terms and/or Notice shall be filed, and that venue properly lies, only in state or federal courts located in the borough of Manhattan, New York, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

12.  Miscellaneous

Any failure or delay by us in enforcing an obligation or exercising a right under the Terms or Notice does not amount to a waiver of that obligation or right or any other obligation or right. If any term or provision hereof is illegal or invalid for any reason whatsoever, such term or provision will be enforced to the maximum extent permitted by law and, in any event, such illegality or invalidity shall not affect the validity of the remainder of the Terms and/or Notice.

B.     PRIVACY NOTICE

This privacy policy and notice (“Notice”) explains how we collect, store and use your personal data in connection with your use of this website. CD&R may change this Notice at any time. If we make any substantial changes to this Notice that we deem require notice, we will provide appropriate notice on this website. Your use of this website or our services following any such notice will signify and constitute your assent to such revised Notice.

For the avoidance of doubt, this Notice does not apply to the use of the Limited Partner Reporting System.

In this Notice, “personal information” refers to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you, and includes “personal data” or similar terms as defined in applicable law. 

For the purposes of EU and UK data protection laws, CD&R is the “data controller” of the personal information referred to in this Notice.  Contact details for CD&R are at the end of this Notice.

1.      The personal information we collect

The categories of personal information which may be collected or processed by CD&R in connection with your use of this website, or may have been collected or processed over the last twelve (12) months, are as follows:

-          Identifiers (e.g., names, email addresses, phone numbers)

-          Internet or other electronic activity

We may also use personal information collected from visitors to this website to perform statistical analyses of user behavior and characteristics. These aggregated statistics may be used to improve this website and for other similar business purposes.

If you submit information to us directly through this website (for example, in a request for general information or through the submission of a business proposal) we may record and use any personal information that you provide. This information may be used to respond to your request or for other business purposes.

2.      Sources of personal information

We collect the foregoing categories of personal information from the following sources:

-     You, including on forms you complete and copies of documentation you provide through this website

-      Vendors, including internet service and analytics providers

3.      Cookies

This website collects information through a variety of technical methods, including cookies. Cookies and other technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We may use cookies to store information, such as which of our web pages you have visited and other session information so that we can better understand how this website is used, resolve technical problems, monitor traffic and enhance your experience on this website.

You can manage a website’s cookies in your browser settings. You always have the choice to have your device warn you each time a cookie is being sent or to change these settings by accepting, rejecting or deleting cookies. If you choose to change your settings, you may find that certain functions and features on this website will not work as intended. All browser settings are slightly different; you should refer to the relevant settings within your browser to manage your cookie preferences.

We use the following types of cookies on this website:

-     Strictly necessary cookies, which are essential for the website to function;

-     Preference and functionality cookies, which allow us to store information about your preferences, such as whether you have previously viewed certain content on this website; and

-     Analytics cookies, which allow us to understand how visitors interact with this website.

The retention periods for these types of cookies are as follows:

-     Strictly necessary cookies: per session

-     Preference and functionality cookies: 1 year

-     Analytics cookies: 400 days

4.      Do Not Track

Some web browsers may transmit “do-not-track” (“DNT”) signals to request that a web application disable its tracking technologies. We currently do not change our tracking practices in response to DNT settings in your web browser. We may have our service providers or other third parties that we engage to operate our website or perform work on our behalf collect information about your online activities over time across our website. These third parties may not change their tracking practices in response to DNT settings in your web browser.

5.      Use of and legal bases for processing personal information

We use your personal information in connection with your use of this website to further our legitimate interest in exercising and complying with our rights and obligations, to further our legitimate interest in administering our business as well as (but not limited to) the following business purposes: (i) to provide you with access to this website; (ii) to provide you with our services and operate our business; (iii) to communicate with you, including sending you updates and messages about changes to our services, this Notice, and/or other applicable terms and conditions; (iv) to review the usage and maintain the operation of this website and our services; (v) to conduct analysis and develop and/or improve this website, products, and services; (vi) to monitor, protect, and maintain the security and integrity of this website, services, and our business, such as protecting against and preventing fraud, unauthorized transactions, claims and other liabilities; (vii) to comply with applicable legal and regulatory obligations, and respond to lawful requests and communications from law enforcement and other government officials or bodies; (viii) to protect our rights, privacy, safety, property and/or those of others; and (ix) to fulfill any other purpose for which you provide your personal information or as explained to you at the point of information collection.

6.      How we disclose personal information

We may disclose your personal information in connection with your use of this website to further our legitimate interest in exercising and complying with our rights and obligations, to further our legitimate interest in administering our business, as well as (but not limited to), (i) in response to requests by government agencies or law enforcement or where disclosure is required to private parties in connection with a lawsuit, subpoena, investigation or similar proceeding or to comply with CD&R’s other legal and regulatory obligations; (ii) if CD&R or an affiliate believes, in its sole discretion, that such disclosure is appropriate in connection with an official investigation, is requested by tax authorities or in response to a significant threat to a person's health or property or to respond to claims of violations of third party rights; (iii) to a regulatory body, financial market, broker or other intermediaries, counterparties, courts, auditors or other third parties; (iv) to conduct compliance activities, when CD&R thinks this is in its or someone else’s legitimate interests; (v) to enforce contractual rights or to protect the rights of CD&R or its affiliates; (vi) to enforce the Terms; (vii) to protect our operations; (viii) to protect our rights, privacy, safety or property and/or those of you or others; (ix) to allow us to pursue available remedies or limit damages that we may sustain; (x) to a third party in the event of a sale of stock, merger or consolidation or other transfer of all or substantially all of the assets of CD&R, whether voluntarily or by operation of law, to such third party, provided that such third party agrees to protect the confidentiality of your personal information consistent with this Notice; and (xi) for other purposes in connection with the operation of our business. 

We may disclose your personal information for other reasons that we will describe at the time of collection or prior to disclosing your information.

We disclose personal information for the foregoing purposes to the following parties, as applicable: (i) Firm partners, principals, officers, members and employees; (ii) CD&R affiliates; (iii) the Firm’s agents, contractors, consultants, advisors and/or service providers; (iv) governmental and quasi-governmental bodies; and (v) any other party designated by you. Any third party that receives non-public personal information about you is permitted to use your information only for the purposes for which we disclose the information to them and as allowed by applicable law or regulation. 

We do not “sell” or “share” personal information, as those terms are defined under California law.  Please note that we may de-identify or aggregate personal information so that it will no longer be considered personal information and disclose such information to other parties for purposes consistent with those described in this Notice.

7.      Retention periods

We will retain your personal information for as long as reasonably necessary to provide you with our services that you request or otherwise where permitted or required in accordance with applicable law. We will retain and use your personal information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. What this means in practice will vary among different types of information, and when we consider our approach, we take into account ongoing business or legal needs for the information, for example in relation to tax, health and safety, and potential or actual disputes or investigations.

8.      Transfers of personal information

Individuals whose personal data is processed subject to the data protection laws of the European Economic Area (“EEA”) and/or United Kingdom are hereby advised: This website is hosted in the United States. If you use this website or provide personal information to us using the contact details included in the “Questions and Contact Information” section below, you will be transferring your personal information to the United States, a jurisdiction which does not provide a data protection framework equivalent to those of the UK and/or EEA countries.  

9.      Security

We use commercially reasonable administrative, technical, personnel and physical measures to safeguard information in our possession against loss, theft and unauthorized use, disclosure or modification. However, we cannot guarantee the absolute security of our servers or databases or those of our third-party service providers. You use this website at your own risk.

10.  Your privacy rights and choices

a.      United States

Depending on your U.S. state of residence, you may have the right (i) to request that CD&R disclose additional information to you about our collection and use of your personal information, including a copy of your personal information (ii) to request that CD&R correct inaccurate personal information that we may obtain about you, subject to appropriate verification, and (iii) to request that CD&R delete any of your personal information that we collected.  In some circumstances, CD&R may not honor your request for deletion – for example, if we need to retain your information to protect the security or functionality of our operations or to comply with legal or regulatory obligations.

To request a record of the personal information CD&R holds about you, make a request to correct, or to ask CD&R to delete your personal information, please contact us at the contact information provided at the end of this Notice. We may take steps to verify your identity, or the identity of an agent acting on your behalf, before granting you access to your personal information or complying with your request. If you request access to or deletion of your personal information, we may require you to provide any or all of the following information: email address, account credentials or a copy of your identification. Submitting a privacy rights request does not require you to create an account with us. We will not use the information you provide for any purpose beyond verifying your identity.

We will not discriminate against you if you decide to exercise your privacy rights.

If CD&R denies your request for a record of your personal information held by CD&R or denies your request to delete such information, then, depending on your U.S. state of residence, you may have the right to appeal such decision. To appeal a decision, please contact us at the contact information at the end of this Notice.

We aim to 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 take longer to process your request under certain circumstances. If we expect your request is going to take us longer than normal to fulfill, we will let you know.

b.      Non-U.S.

In some jurisdictions, including under the data protection laws of the EEA and the UK, you have the right, in certain circumstances (i) to require us to delete your personal information; (ii) to withdraw your consent where our basis for collecting your personal information was based on consent; (iii) to require us to restrict processing of your personal information (for example, if you contest the accuracy of that information); (iv) to require us to correct inaccurate personal information we hold about you; (v) to confirm whether we process personal information relating to you; (vi) to receive information about the personal information we process in relation to you and a copy of it in a structured, commonly used and machine-readable format and/or instruct us to transmit that data to a third party; and (vii) to object to our continued processing of your personal information, for direct marketing or other purposes if we rely on the “legitimate interests” basis to process it or are processing it in the public interest.

You may exercise these rights free of charge by contacting us using the details below. 

Individuals whose personal data is processed subject to the data protection laws of the EEA and/or UK have the right to lodge a complaint relating to privacy or data protection with a supervisory authority of the United Kingdom – the Information Commissioner’s Office – or EEA member state where they live or where any alleged infringement of data protection laws occurred.  A list of the EEA supervisory authorities can be found here.

11.  Questions and Contact Information

If you have any questions or concerns about this Notice, the collection or processing of your personal information or wish to exercise any of the aforementioned rights, please contact CD&R’s Chief Compliance Officer at (212) 407-5200 or in writing at:

Clayton, Dubilier & Rice, LLC
375 Park Avenue
18th Floor
New York, New York 10152
Attn: Chief Compliance Officer