Privacy Policy

We are pleased that you have elected to visit our website.Avenue Capital Group, LLC and its affiliates (collectively referred to in this Privacy Statement as “we” or “Avenue Capital Group”) are committed to safeguarding the private information entrusted to us by our clients and visitors to our website. Avenue Capital Group has implemented this Privacy Policy to govern the use of personally identifiable information (“Personal Information”) that we collect via the Avenue Capital Group website or that visitors to this website send to Avenue Capital Group when communicating electronically with the website via email or otherwise. This Privacy Policy does not govern Personal Information collected from any other source or in any other manner. Furthermore, this Privacy Policy is incorporated by reference into the Terms and Conditions of Avenue Capital Group’s website.

Overview

Use of this Website
This website is operated by, or on behalf of, Avenue Capital Group. Not all products and services listed on this website are available in all geographic areas. To the extent that access, distribution and/or use of this website would be deemed illegal by applicable law, such access, distribution and/or use of this website is prohibited.

California Privacy Rights

Under California law, California residents who have provided personally identifiable information to a company may have the right to request a list of all third parties to whom that company had disclosed such information for the third parties’ direct marketing purposes during the preceding calendar year, along with a list of the categories of Personal Information that had been so disclosed. However, Avenue Capital Group’s policy, as disclosed on this website, does not currently permit Avenue Capital Group to share the Personal Information collected at this website about you with non-affiliated third parties for such third parties’ direct marketing purposes. Moreover, even if Avenue Capital Group’s policy permitted the disclosure of Personal Information to third parties for such third parties’ direct marketing purposes, because Avenue Capital Group provides you with an opportunity to opt out of such disclosure, Avenue Capital Group does not have to provide you with such lists. If you are a California resident who would like information on how to exercise your rights concerning third party disclosures, you may send an email to or contact us via postal mail at:

Avenue Capital Group
535 Madison Avenue, 15th Floor
New York, NY 10022
Attn: California Privacy Rights Administrator
Electronic Mail Address: californiaprivacy@avenuecapital.com

Collection and Use of Information

Information Collected
Avenue Capital Group respects the privacy of its visitors and does not generally seek to identify its visitors or to collect information regarding their use of this website. Although Avenue Capital Group may track the number of visits to each of the pages of its website, no Personal Information is collected in the process. The type of information that is automatically collected by Avenue Capital Group can include date and time of access of the website, the Internet protocol address of the computer that you are using, the domain and host from which you access the Internet, your browser software and operating system, and the specific activities you are engaged in while visiting the website. This aggregate tracking information is used to help Avenue Capital Group improve and enhance the website experience for all of its visitors.Avenue Capital Group will collect some limited Personal Information that you voluntarily provide such as your name, address, telephone number and/or email address, if you communicate with us via email in response to any prompts on this website or if you register with the website so as to make use of the password-protected interactive functionality. Additionally, if you elect to enter the password-protected area of this website, then (a) this website will recognize who you are and will collect all information that you submit and (b) any information collected about you from this website may be associated with other information that Avenue Capital Group has collected from other sources about you.

Use of Cookies
The website makes use of “cookies” - small data files which we may send to your computer on the basis of the information that we have collected about your visit. They contain information allowing us to recognize you (if you have registered with the website) and to keep track of your preferences. Cookies are stored in your computer’s browser or on your hard disk and can then be retrieved by the website. The website only uses so-called “session” cookies, which are deleted from your computer when you leave the website. Most web browsers can be set to prevent you from receiving new cookies, notify you before accepting cookies or disable cookies altogether. Details about this can normally be found in the Help facility provided with your browser. Please note that if you disable cookies you may not be able to take advantage of some of the website's interactive functionality.

Use of Your Personal Information
The Personal Information we collect about you from this website may be used to manage the website's interactive functionality, to help Avenue Capital Group improve and enhance the website experience for all of its visitors (as mentioned above) and for compliance with Avenue Capital Group’s legal and regulatory obligations. We may also use this information to contact you, or if applicable, your designated representative, via direct postal mail and/or electronically to the extent such activity is permitted by law, regarding your relationship with Avenue Capital Group and otherwise as you permit. You may opt out of receiving electronic information from Avenue Capital Group. Additionally, at the time that Avenue Capital Group provides you with such information electronically, we will also provide you with an opportunity at that point to opt out of receiving future information electronically.

Disclosure of Your Personal Information within Avenue Capital Group
In order to provide you with efficient and reliable services and to improve product and service options available to you, Avenue Capital Group may share your Personal Information with our affiliates as required or permitted by applicable law. Our affiliates are companies controlled or owned by us, or companies that control us, or are under common control with us.

Disclosure of Your Personal Information to Non-Affiliated Third Parties
Avenue Capital Group will not sell or market Personal Information collected on this website to non-affiliated third parties for their marketing purposes. However, regardless of whether you have chosen to limit our sharing of your Personal Information as collected on the website, Avenue Capital Group may, without restriction, disclose aggregated statistics about visitors to its website, along with specific information concerning individual visitors of its website that is not Personal Information, provided that no specific individual can be identified by the information so disclosed. Avenue Capital Group may also share your Personal Information, without restriction (and regardless of whether you have chosen to limit our sharing of your Personal Information as collected on the website), with companies that we hire to perform services for us, such as vendors that provide data processing, computer software maintenance and development, transaction processing and marketing services, and companies providing professional, legal or accounting advice to Avenue Capital Group. In such situations, Avenue Capital Group requires that these companies agree to (a) maintain the confidentiality of your Personal Information and (b) limit the use of such Personal Information to the purposes for which it was provided. Furthermore, in compliance with privacy laws, we also provide our opt-out lists to non-affiliated third party companies so that they can be suppressed from the communications those companies send on Avenue Capital Group’s behalf.Finally, under limited circumstances, regardless of whether you have chosen to limit our sharing of your Personal Information as collected on the website, your Personal Information may be disclosed to non-affiliated third parties as either permitted by, or to comply with, applicable laws and regulations. For example, Avenue Capital Group may disclose your Personal Information to comply with investigations by regulatory authorities or enforcement agencies in the United States of America or elsewhere, or to protect against or prevent actual or potential fraud. Furthermore, Avenue Capital Group may disclose your Personal Information if it has a reasonable good faith basis to believe that it is required to do so by law, compelled by court order or legal process, or is reasonably necessary and/or appropriate to: (i) protect the rights, property and/or safety of Avenue Capital Group or any other person or entity; or (ii) prevent or take action concerning any alleged: (a) illegal activity or (b) breach of the Terms and Conditions or Privacy Policy of this website.

Your Privacy Choices - Limiting Information Sharing/Accessing Your Information
To protect the confidentiality of your information and respect your wishes for how it is used Avenue Capital Group offers “opt out” alternatives. Specifically, you may instruct us: (i) not to share Personal Information about you with our affiliates and/or, (ii) if our policy were to change so that we proposed to do so, not to share Personal Information about you with an outside company for such company’s marketing purposes. If you would like to check, change, or confirm your privacy choices please contact us at (212) 905-5293 or websiteprivacy@avenuecapital.com. You may make your privacy choice at any time and it will remain in effect until you change it.You may also have the right to access and correct Personal Information held about you by Avenue Capital Group, or in some circumstances the right to object to Avenue Capital Group’s use of that Personal Information, which can be exercised by contacting:Representative Agent: Yuki Tsutsui
Address: Avenue Capital Group
535 Madison Avenue, 15th Floor
New York, NY 10022
Telephone number: 212-878-3500
Electronic Mail Address: websiteprivacy@avenuecapital.com

Email Communication
If you access the website from a country with strict data protection laws you should be aware that, by interacting with the website, you may be sending information about yourself to Avenue Capital Group in the United States of America or other countries which do not have strict data protection laws. Avenue Capital Group maintains reasonable standards of confidentiality and security for this website and the Personal Information collected from this website. The Personal Information you provide is secured using industry standard e-commerce security technology. Avenue Capital Group also restricts its own employees’ access to Personal Information. However, it is possible that someone may intercept or access communications, transmissions and/or Personal Information. You must also seek to protect against unauthorized access to any passwords and/or accounts that you use in connection with this website, and you should remember to log off of the website once you have completed your activities on the website or if you have decided to step away from your computer. In the event that Avenue Capital Group determines that there has been a security breach resulting in the unauthorized disclosure of Personal Information to a third party, Avenue Capital Group will promptly notify consumers whose Personal Information it reasonably believes has been compromised by posting information on the website and, if email contact is possible, then also by sending an email advisory with respect to the situation.

Links to Other Websites
From time to time, the Avenue Capital Group website may contain links to other websites that are not controlled and/or maintained by Avenue Capital Group. Please be aware that these other websites may have different privacy policies which may subject you to different privacy practices. Please review the privacy policies of such other websites for information concerning what information is collected on such websites and how it is used.

Changes in Policy
This Privacy Policy applies to current and former Avenue Capital Group consumer customers, and in certain circumstances, to individual representatives of institutional customers. From time to time, Avenue Capital Group's Privacy Policy may change. Avenue Capital Group will post changes to the Privacy Policy on this website. Please review this Privacy Policy often so that you will remain abreast of Avenue Capital Group's current policies, including its policies concerning the gathering and use of information that may be collected on our website. You are responsible for making sure you are aware of the provisions of Avenue Capital Group’s most current Privacy Policy. Effective Date: August 30, 2005. This Privacy Policy was last updated on December 15, 2010.

Governing Law
This Privacy Policy shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. Any dispute concerning this Privacy Policy or your use of this website shall be submitted to binding arbitration in New York within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or any other arbitration initiated pursuant hereto. In the event that any portion of this Privacy Policy is deemed unenforceable, unlawful or void by a Court of competent jurisdiction, in any jurisdiction for any reason because of the scope, duration or area of its applicability or for other reasons, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, court-modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by Avenue Capital Group of any provision of this Privacy Policy shall be deemed a further or continuing waiver of such provision, and Avenue Capital Group’s failure to assert any right or demand compliance with any provision of this Privacy Policy shall not be deemed to constitute a waiver of any such right or provision. Furthermore, if any portion of this Privacy Policy is deemed unenforceable, unlawful or void by a Court of competent jurisdiction, then that portion of the Privacy Policy will be deemed severable and will not affect the enforceability or validity of the remaining portions of this Privacy Policy.

Contact Us
If you have any questions concerning this Privacy Policy (other than with respect to California Privacy rights), you may contact us at websiteprivacy@avenuecapital.com or write to us at: Avenue Capital Group
399 Park Avenue,
6th Floor
New York, NY 10022
Attn: Privacy AdministratorCopyright © 2007-2008 Avenue IP, LLC. All rights reserved