Privacy Policy

This privacy notice describes how the European Leveraged Finance Association (‘ELFA’, ‘we’, ‘us’) collects and processes personal information about you, how we use and protect this information, and your rights in relation to this information.This privacy notice applies to all personal information we collect or process about you. Personal information is information, or a combination of pieces of information that could reasonably allow you to be identified.

Personal information we use

We will collect personal information about you from a variety of sources, including information we collect from you directly (e.g. when you contact us).

We may be required by law to collect certain personal information about you, or as a consequence of any contractual relationship we have with you. Failure to provide this information may prevent or delay the fulfilment of these obligations.

Information we collect directly from you

The categories of information that we collect directly from you are:

• personal details (e.g. name, title)
• business contact details (e.g. phone number, email address, postal address or mobile number)
• Information we collect using cookies and similar technologies. You can find detailed information about our use of cookies in our Cookies Policy.

Information we collect from other sources:

The categories of information that we collect about you from other sources are:

• personal details (e.g. name, title)
• business contact details (e.g. phone number, email address, postal address or mobile number)

How we use your personal information and the basis on which we use it

We use your personal information to:

• provide and personalise our services.
• deal with your enquiries and requests and communicate with you.
• comply with legal obligations to which we are subject and cooperate with regulators and law enforcement bodies.
• send publications and notifications in accordance with the ELFA membership benefits to include Legal & Regulatory Briefings, Covenant Tearsheets, Updates, Insights, Seminar Series, Partner Resources
• contact you with marketing and offers relating to products and services offered by us (unless you have opted out of marketing, or we are otherwise prevented by law from doing so).
• personalise the marketing messages we send you to make them more relevant and interesting and to personalize the advertising that you see on our page and others.
• improve our services, by analysing information about how our services are used we can provide an improved experience.
• Exercise our rights, where it is necessary to do so, for example to detect, prevent and respond to fraud claims, intellectual property infringement claims or violations of law or the contract.

We must have a legal basis to process your personal information. The legal basis will be one of the following:

• To fulfil our contractual obligations to you, for example to provide the services, to ensure that invoices are paid correctly, and to ensure you are able to access our premises when required.
• to comply with our legal obligations, for example obtaining proof of your identity to enable us to meet our anti-money laundering obligations.
• to meet our legitimate interests, for example to understand how you use our services and to enable us to derive knowledge from that enable us to develop new services. When we process personal information to meet our legitimate interests, we put in place robust safeguards to ensure that your privacy is protected and to ensure that our legitimate interests are not overridden by your interests or fundamental rights and freedoms.
• We may obtain your consent to collect and use certain types of personal information when we are required to do so by law (for example, in relation to our direct marketing activities, or when we process sensitive personal information). If we ask for your consent to process your personal information, you may withdraw your consent at any time by contacting us using the details at the end of this privacy notice.

Information Sharing

We may share your personal information with third parties under the following circumstances:

• Service providers and business partners. We may share your personal information with our service providers and business partners that perform marketing services and other business operations for us. For example, we may partner with other companies to process secure payments, fulfil orders, optimize our services, send newsletters and marketing emails, support email and messaging services and analyse information.

• Law enforcement agency, court, regulator, government authority or other third party. We may share your personal information with these parties where we believe this is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.

• Asset purchasers. We may share your personal information with any third party that purchases, or to which we transfer, all or substantially all of our assets and business. Should such a sale or transfer occur, we will use reasonable efforts to try to ensure that the entity to which we transfer your personal information uses it in a manner that is consistent with this Privacy Policy.
• With your consent or otherwise at your direction. We may share your information with third parties when you consent to or request such sharing.

The recipients referred to above may be located outside the jurisdiction in which you are located (or in which we provide the services). See the section on “International Data Transfer” below for more information.

Your rights over your personal information

You have certain rights regarding your personal information in certain circumstances, subject to local law. These include the following rights to:

• access your personal information
• rectify the information we hold about you
• erase your personal information
• restrict our use of your personal information
• object to our use of your personal information
• receive your personal information in a usable electronic format and transmit it to a third party (right to data portability)
• lodge a complaint with your local data protection authority.

We encourage you to contact us to update or correct your information if it changes or if the personal information we hold about you is inaccurate.

We will contact you if we need additional information from you in order to honour your requests.

If you would like to discuss or exercise such rights, please contact us at the details below.

Information Security and Storage

We implement technical and organisational measures to ensure a level of security appropriate to the risk to the personal information we process. These measures are aimed at ensuring the on-going integrity and confidentiality of personal information. We evaluate these measures on a regular basis to ensure the security of the processing.

We will keep your personal information for as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your personal information for a period of time that enables us to:

• Maintain business records for analysis and/or audit purposes
• Comply with record retention requirements under the law
• Defend or bring any existing or potential legal claims
• Deal with any complaints regarding the services

We will delete your personal information when it is no longer required for these purposes. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further processing or use of the data.

International Data Transfer

Your personal information may be transferred to, stored, and processed in countries outside the European Union or United Kingdom that do not have similar data protection laws to the European Union or United Kingdom.

We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your data is adequately protected. For more information on the appropriate safeguards in place, please contact us at the details below.

Contact Us

The European Leveraged Finance Association is the controller responsible for the personal information we collect and process.

If you have questions or concerns regarding the way in which your personal information has been used, please contact Emma Kearney ekearney@elfainvestors.com

We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you have the right to make a complaint to the data protection authority of the United Kingdom, the Information Commissioner’s Office using their website https://ico.org.uk/.

Changes to the Policy

You may request a copy of this privacy notice from us using the contact details set out above. We may modify or update this privacy notice from time to time.

If we change this privacy notice, we will notify you of the changes. Where changes to this privacy notice will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise your rights (e.g. to object to the processing).