PRIVACY POLICY

This Privacy Policy describes how Avala BDC I, Inc. (“Avala BDC”, “we”, “us” and “our”) gather and use information about your interaction with Avala BDC. This Privacy Policy does not apply to websites, apps, or online services that have their own privacy statements.

This Privacy Policy provides you with information about how we collect information about you when you visit this site, and how we use and share such information. Please read this Privacy Policy carefully and consult our Terms of Use for more information about the general terms and conditions regarding your use of this site. By using this site, you acknowledge that you have read this Privacy Policy and you agree to be bound by them without limitation or qualification. If you do not agree to this Privacy Policy you should please exit the site, and not use the site in the future. Avala BDC reserves the right, at our discretion, to change our Privacy Policy at any time without prior notice. The revised Privacy Policy will become effective at the time of posting, and any use of this site after the effective date constitutes your acceptance of the revised Privacy Policy. If you do not agree to the revised Privacy Policy, do not continue to use this site. We suggest that you review this Privacy Policy periodically for changes.

In the event that you have any questions or concerns about this Privacy Policy please contact us at info@avalabdc.com.

A. The Types of Information We Collect
When you visit and browse this site, you may provide us with information, and we may collect certain information automatically.

1. Information You Provide to Us
In order to access certain services provided via this site or to request certain information from Avala BDC via this site, you may be required to provide information such as your name, postal address, e-mail address, telephone number, facsimile number, investor status, or other information about yourself. And you may be required to provide a username and password to access certain features. If you choose to not provide us with information, you might not be able to gain access to certain information and services on this site.

2. Information We Collect Automatically
We may also collect information about you automatically. For example, when you visit this site, we may collect your IP address, your browser type, your operating system, the pages you view on this site, the pages you view immediately before and after you access this site, and the search terms you enter on this site.

We may collect this information using cookies. (Cookies are small files that a website sends to your computer or device while you are viewing the website.) We and other companies use cookies for a variety of purposes. For instance, when you return to this site after logging in, cookies provide information to this site so that this site will remember who you are. You may be able to have your computer warn you each time a cookie is being sent, or you may be able to turn off all cookies. If you turn cookies off, you won’t have access to many features that may make your browsing of this site smoother, like the features mentioned above, and some of our services may not function properly.

This site may also use other technical methods to track visitor usage, including cookies or other informational tags.  We use these technical methods to analyze the traffic patterns on this site, such as the frequency with which our users visit various parts of this site. These 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 also use these technical methods in HTML e-mails that we send visitors to this site to determine whether such visitors have opened those e-mails and/or clicked on links in those e-mails.

3. Additional Information Collection Practices
This site may contain links to websites operated by third parties. Should you choose to visit these third-party sites, you should review their privacy policies to ensure you understand and are comfortable with their practices concerning your information. We do not accept, and do disclaim, any responsibility for the privacy policies and information collection, use, and sharing practices of any third-party website (whether or not such site is linked on or to this site). These links are provided to you for convenience purposes only, and you access them at your own risk.

We may link the information that we collect automatically with the information you provide us. And we may combine the information we collect online with information we collect offline or that is collected by third parties.

Also, some of our third-party partners may ask you voluntarily to provide personal information on their websites and may share such personal information with us, as governed by their respective privacy policies. Our use of information received from such a third party will be dictated by the third party’s privacy policy and not this Privacy Policy.

B. How We Use the Information We Collect

We may use information we collect about you for a number of purposes, including, without limitation, using information to:

• respond to your requests for forms, literature, or information;

• provide you with the services you have requested;

• prepare investor disclosure materials;

• improve this site and learn about how visitors use this site;

• communicate with you about our products and services, including providing you with information about features on this site and possible changes to our Privacy Policy or terms of use;

• to provide, maintain, protect, optimize and improve our products and services;

• enhance and personalize your user experience and for regular business purposes such as authenticating and authorizing access to the Services

• comply with legal obligations;

• protect our rights, your rights, and the rights of others;

• investigate and respond to complaints; and

• diagnosing and addressing technical and service issues

We may use information that does not reasonably identify you for any purpose. For example, we may prepare aggregated reports about how visitors tend to interact with this site for research purposes.

C. How We Share the Information We Collect

1. Service Providers
Sometimes we engage companies that act on our behalf in association with the operation of this site. For example, and without limitation, such companies may deliver products or services, improve the functionality of this site, collect information about you, communicate with you, or store information for us. In some cases, these companies may need to access information about you. Except as otherwise disclosed in this Privacy Policy or as otherwise communicated to you, Avala BDC takes reasonable steps require these companies to collect, store, and use information about you only on our behalf and in accord with this Privacy Policy.

2. Analytics Providers
We may engage third-party analytics providers such as Google Analytics to help us understand how users engage with this site. These third-parties may use cookies and similar technologies to collect information about your use of this site as well as information about your use of other websites over time. The third-party services we use may provide you with choices about how they collect and use information.

3. Additional Sharing Practices
We may share your information with our affiliates and subsidiaries. Avala BDC also may provide information to our attorneys, banks, auditors, securities brokers and other service providers. From time to time, we may team-up with other organizations or companies to provide co-sponsored or co- branded promotions, services, or events, and we may share your information with our co-sponsor(s) and partners.

We may disclose information when we believe in good faith that such disclosures:

• are required by law, including, for example, to comply with a court order or subpoena, or in response to a law enforcement agency’s request;

• will help to protect our rights or enforce our Terms of Use;

• will support our detection, prevention, or response to fraud or intellectual property infringement;

• will help protect your safety or security, including the safety and security of property that belongs to you; and

• will protect the safety and security of this site, databases, and/or third parties, including the safety and security of tangible and/or intangible property that belongs to us or to third parties.

We may also share information about you to the extent reasonably necessary to proceed with the consideration, negotiation, or completion of a merger, reorganization, or acquisition of our business, or a sale, liquidation, or transfer of some or all of our assets.

Additionally, we reserve the right to share with third-parties information that does not reasonably identify you for any purpose.

D. The Security Measures We Take to Safeguard Information
The security and confidentiality of the information we collect or receive is extremely important to us, and we take our responsibility to protect this information very seriously. We have implemented commercially reasonable technical, administrative, and physical security measures to protect the information that we collect or receive. From time to time, we review and consider updates for our security procedures. Please be aware though that, despite our ongoing efforts, no security measures are perfect or impenetrable. This means that we cannot absolutely guarantee the security of information we collect about you, but we take this responsibility very seriously.

E. Updating Your Contact Information
You may be able to update your contact information and/or modify your communication preferences by using the Contact page on our site.

F. Information about Minors
The site is intended for use by those over 18, and minors under the age of 13 may not use the site. We do not knowingly solicit or collect personal information on this site from children under the age of 13. If we learn that, despite these measures, a child under the age of 13 has submitted personally identifiable information to us through the site, we will take reasonable measures to delete such information from our records and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required by law).

G. Do Not Track
Your browser and other mechanisms may permit you to send do-not-track signals or other similar signals to express your preferences regarding online tracking. We do not currently respond to such signals. Third parties, such as our analytics providers, may collect data that relates to you on our site, across time, and over other websites. We cannot control third-parties’ responses to do-not-track signals or other such mechanisms. Third-parties’ use of data relating to you and responsiveness to do not-track signals is governed by their respective privacy policies.

H. California Privacy Rights
If you are a California resident, for more information about your privacy rights, please see the section of this Privacy Policy called “California Consumer Privacy Statement”
If you believe that personal data relating to you is held by Avala BDC that is subject to data protection legislation that provides you with a right to obtain information about the personal data that the entity holds about you, please contact us at info@avalabdc.com. To the extent permitted by applicable law, Avala BDC reserves the right to charge a reasonable administrative fee for this service.

I. Where Is Information Processed?
We process information collected via this site in and subject to the laws of the United States, which may not provide the same level protection for your information as your home country. The information may be available to the United States government or its agencies under a lawful order made in the United States. In addition, we may transfer your information outside the United States to our affiliates, business partners, and service providers located in other countries. By using the Online Services, you consent to such transfer to, and processing in, the United States and these other countries.

J. Opting out of Communications
You may “opt-out,” or unsubscribe, from our newsletters, special offers, or other marketing communications by following the unsubscribe instructions in any email or other communication you receive from us or contacting us as set forth in the How to Contact Us section below. After doing so, you will not receive future promotional emails unless you open a new account or sign up to receive newsletters or emails. Please note that even after unsubscribing we may still disclose information as permitted or required by law including, but not limited to, service related announcements, state required notices, and other non-marketing communications about your account or transactions that you have made. Please note that once you request removal, it may take up to two weeks to stop receiving email from us.
Unless you ask us not to in accordance with the provisions above, by using this site and/or services, you agree that we may contact you via phone, email, push notification, and promotions via this site.

K. How to Contact Us
If you have any questions or comments about this Privacy Policy or would like to review or update your preferences, please contact us by email at info@avalabdc.com or write to us at our headquarters, to the attention of the General Counsel – RE: PRIVACY POLICY

 

CALIFORNIA CONSUMER PRIVACY STATEMENT

This California Consumer Privacy Statement (“Statement”) supplements the Avala BDC Privacy Policy. It applies solely to California consumers and addresses personal information we collect online and offline. This Statement does not apply to Avala BDC personnel or to information collected, processed or disclosed pursuant to the Gramm-Leach-Bliley Act and its implementing regulations or the California Financial Information Privacy Act. In addition, Sections 2 through 5 of this Statement do not apply to job applicants.
This Statement uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”).

1. Notice of Collection and Use of Personal Information
We may collect (and may have collected during the 12-month period prior to the effective date of this Statement) the following categories of personal information about you:

• Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, internet protocol address, email address, account name, Social Security number, driver’s license number, passport number, and other similar identifiers

• Additional Data Subject to Cal. Civ. Code § 1798.80: signature, physical characteristics or description, state identification card number, insurance policy number, education, bank account number, credit card number, debit card number, and other financial information, medical information, and health insurance information

• Protected Classifications: characteristics of protected classifications under California or federal law, such as race, color, national origin, religion, age, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, ancestry, genetic information, disability, citizenship status, and military and veteran status

• Commercial Information: commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies

• Online Activity: Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements

• Geolocation Data

• Employment Information: professional or employment-related information

• Education Information: education information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99)

We may use (and may have used during the 12-month period prior to the effective date of this Statement) your personal information for the purposes described in our Privacy Policy and for the following business purposes specified in the CCPA:

• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services

• Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance

• Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction

• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity

• Debugging to identify and repair errors that impair existing intended functionality

• Undertaking internal research for technological development and demonstration

• Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.

• Managing career opportunities with Avala BDC.

2. Sources of Personal Information
During the 12-month period prior to the effective date of this Statement, we may have obtained personal information about you from the following categories of sources:

• Directly from you, such as when you contact us

• Your devices, such as when you visit this site

• Our affiliates and subsidiaries

• Vendors who provide services on our behalf

• Our joint marketing partners

• Online advertising services and advertising networks

• Data analytics providers

• Operating systems and platforms

• Social networks

• Data brokers

3. Sharing of Personal Information
During the 12-month period prior to the effective date of this Statement, we may have shared your personal information with certain categories of third parties, as described below.
We may have disclosed the following categories of personal information about you for a business purpose to the following categories of third parties:
In addition to the categories of third parties identified above, during the 12-month period prior to the effective date of this Statement, we may have shared personal information about you with the following additional categories of third parties:

Category of Personal Information
Identifiers
Additional Data Subject to Cal. Civ. Code § 1798.80 Law
Protected Classifications
Commercial Information
Online Activity
Geological Data
Employment Information

Categories of Third Parties

• Regulators and other Self Regulatory Organizations

• Internet Service Providers

• Data Analytics Providers

4. California Consumer Privacy Rights
You have certain choices regarding your personal information, as described below.
Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected, used, disclosed and sold about you during the past 12 months.
Deletion: You have the right to request that we delete certain personal information we have collected from you.
Shine the Light Request: You also may have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties.
How to Submit a Request. To submit an access or deletion request, email us at info@avalabdc.com or call us at 866-232-1031. To submit a Shine the Light request, email us at info@avalabdc.com. To submit a request as an authorized agent on behalf of a consumer, contact us at info@avalabdc.com. For questions or concerns about our privacy policies and practices, please contact us at info@avalabdc.com.

Verifying Requests. To help protect your privacy and maintain security, we will take steps to verify your identity 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 of the following information: Name, Phone Number, E-mail. In addition, if you ask us to provide you with specific pieces of personal information, we will require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.

Additional Information. If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.