Privacy Policy

Effective January 18, 2022

Privacy Notice and Statements
ACRES Capital LLC and our subsidiaries and affiliates (collectively referred to as “ACRES”, “we” or “us”) take our data protection and privacy responsibilities seriously. This privacy notice describes (i) what information we collect from users of www.acrescap.com and the services offered thereon (collectively, the “Website”), (ii) how we protect such information, (iii) how we may use and disclose that information, and (iv) what choices you have about how that information is used and disclosed in the course of our business activities, including:

• What Personal Information We Collect and When and Why We Use It
• How We Share Personal Information Within ACRES, With Third Parties, With Our Regulators
• Using Cookies and Other Technologies
• Carrying Out Direct Marketing
• Transferring Personal Information Globally
• How We Protect and Store Personal Information
• Legal Rights Available to Help Manage Your Privacy
• How You Can Contact Us For More Support

Changes to this Policy
This Privacy Policy was last updated as of the “Effective” date listed above. ACRES reserves the right to change this Privacy Policy from time to time. If the changes are material, we will provide you additional, prominent notice as appropriate under the circumstances. Minor changes to our Privacy Policy may occur without notice or consent that will not significantly affect our use of Personal Information. We encourage you to refer to this Privacy Policy on an ongoing basis to ensure you are aware of any updates. If revisions to the Privacy Policy are unacceptable to you, you must cease using our Website.

Important Information About ACRES
ACRES is responsible for your personal information and will be the entity that originally collects information from or about you. This will be explained in separate privacy notices made available when your personal information is first collected by ACRES, for example when you open your account or conduct your business with the funds.

You can find out more about ACRES at https://acrescap.com or by contacting us using the contact information provided below.

What Personal Information We Collect and When and Why We Use It

In this section you can find out more about:

• the types of personal information we collect
• how we use personal information
• when we collect personal information
• the legal basis for using personal information

ACRES Data Subjects

ACRES collects information about you if you:

• register with or use one of our Website(s) or online services;
• are an Investor;
• work with us as a service provider; and/or
• visit an ACRES office or register to attend an ACRES event.

Personal Information We Collect
Personal Information we collect will fall within one or more of the below categories:

• Your name and how to contact you – Basic contact information about you, including your signature.
• Identification data including unique descriptors – Government issued identifiers, other unique identifiers such as date of birth, and personal descriptors that might identify you.
• Financial and transactional – Financial information about you, transactional information and credit information, account authentication details.
• Contractual details – Information collected as part of the products and services we provide to you.
• Socio-demographic – Includes details about your work or profession, nationality, education.
• Technical information – Details about your devices and technology that you use to access our services, including IP address.
• Behavioral – Information about how you use our products and services.
• Location – Data we receive about where you are.
• Communications – Information we capture through your communications with us, e.g. telephone conversations, emails and instant messaging.
• Publicly available data – Details about you that are in public records and information about you that is openly available on the internet.
• Sensitive categories of data – The law and other regulations treat some types of personal information, including personal information relating to health or criminal convictions and offences as special and affords them additional protections. We will only collect and use these types of data if the law allows us to do so.

Where We Collect Your Personal Information From

We will collect the personal information we use for the above purposes from one or more of the following sources:

• directly from you throughout our relationship, including when you use our products, services and websites;
• from third-parties that are authorized to share your information with us, such as intermediaries, our service providers or funds; and
• from publicly available sources of information.

The Legal Basis for Using Your Personal Information

We will only collect, use and share your personal information if we are satisfied that we have an appropriate legal basis to do so. This is explained further in other sections of this Privacy Notice where we indicate that we will have one or more of the following reasons to use your personal information:

• our use of your personal information is necessary to fulfill a contract we have with you or to take steps to enter into a contract with you, for example when you ask us to provide you with a product or service;
• our use of your personal information is necessary to comply with a legal obligation that we have, for example where we are required to report to tax authorities;
• our use of your personal information is required for regulatory reasons that are in the public interest, for example to prevent and detect financial crime;
• you have provided your consent to us using the personal information, for example if you have agreed to receive marketing communications; and
• our use of your personal information is in our legitimate interest as a commercial organization to provide services to our clients, provided our use is proportionate and respects your privacy rights.

How We Share Personal Information Within ACRES, With Third-Parties and With Our Regulators

In this section you can find out more about how we share personal information:

• within ACRES;
• with third parties that help us provide our products and services; and
• our regulators and/or law enforcement

We share your information in the manner and for the purposes described below:

• within ACRES, and with our affiliates and subsidiaries, where such disclosure is necessary to provide you with our services or to manage our business;
• with third-parties who help manage our business and deliver services, such as attorneys, banks, auditors, securities brokers, information technology providers, and other service providers. These third-parties have agreed to confidentiality restrictions and use personal information we share with them or which they collect on our behalf solely for the purpose of providing the contracted service to us;
• with agencies and organizations working to prevent fraud in financial services;
• with our regulators;
• to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies;
• we may share in aggregate, statistical form, non-personal information regarding the visitors to our website, traffic patterns, and website usage with our business partners, affiliates or advertisers; and
• ACRES may, in the future, sell or otherwise transfer some or all of its assets to a third party. Your personal information, technical information about your device or browser and/or other anonymous information we obtain from you via the websites may be disclosed to any potential or actual third-party purchasers of such assets and/or may be among those assets transferred.

Using Cookies and Other Technologies

In this section you can find out more about:

• types of cookies used on our websites
• third-party advertisers
• third-party sites
• how to control your cookie settings

Types of Cookies Used on Our Websites

You should be aware that in some cases, your computer needs to accept cookies from a website to take full advantage of its services. This is especially true on sites that require a user ID or a password. In order to provide better services, ACRES may use “cookies” in connection with the Website. Cookies are small files that your web browser places on your computer’s hard drive.

We may use cookies to let us know that you are a prior user of the Website and to retrieve certain information previously provided by you. We also may use cookies to keep track of information about your current “session” which will be discarded as soon as you log out or close your web browser. This information also allows us to statistically monitor how many people are using our Website and for what purpose. However, if you do not wish to receive cookies, or want to be notified of when they are placed, your internet browser may permit you to do so. Many internet browsers allow you to change the browser settings to warn you before accepting cookies or to block cookies. If you block cookies, you may not be able to use certain website features or functions, or the Website may not operate in an optimal mode.

We do not track our users across third-party websites and thus our Website does not respond to the Do Not Track (“DNT”) settings in your web browsers. However, some third-party websites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, certain website browsers allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

We may also engage third-party analytics providers to help us understand how users engage with the Website. These third parties may use cookies and similar technologies to collect information about your use of the Website as well as information about your use of other websites over time. Services hosted by third parties, such as Google Analytics, a web analytics service provided by Google, Inc. (“Google”), assist in providing the services on or through our Website. Google Analytics uses cookies to help us analyze how users use such services. The information generated by the cookies about your use of our Website (including your IP address) will be transmitted to, and stored by, Google on their servers. Google will use this information for the purpose of evaluating your use of our Website, compiling reports on Website activity for us and providing other services relating to Website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this, then you may not be able to use the full functionality of the Website. By using our Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Control Your Cookie Settings
Most browsers are initially set to accept Cookies. However, you have the ability to change your browser settings. It may also be possible to configure your browser settings to enable acceptance of specific Cookies or to notify you each time a new Cookie is about to be stored on your device enabling you to decide whether to accept or reject the Cookie. You can also disable Cookies by configuring your browser setting to reject Cookies. Please refer to the help section of your browser for instructions on disabling Cookies. For more information about Cookies, how they work, why they are so useful and how to disable them, you can visit http://www.allaboutcookies.org/

If you do not wish to accept Cookies from our Website, please either disable them or refrain from using our website. If Cookies are disabled, it may mean that you experience reduced functionality or will be prevented from using all or part of our website.

Please refer to our cookie policy to find out more about the information we collect using Cookies and tracking technologies.

How We Use Personal Information to Keep You Up To Date With Our Products and Services

We use the information that we collect from you to provide you with the information and services offered through our Website, to support and enhance your use of our Website, to monitor which features of the Website are used most and to allow us to determine which features of the Website we need to focus on improving.

By providing an email or telephone number, you consent to us contacting you at that email or telephone number for the purposes outlined in this Privacy Policy. You may revoke your consent by emailing us at acresinfo@acrescap.com. We will use commercially reasonable efforts to respond to your access request within 30 days.

ACRES may use your Internet Protocol (IP) address and other non-Personal Information to help diagnose problems with our computer server, and to administer the Website. Your IP address is also used to gather broad demographic data. It is not stored or linked to your personal profile information, such as name or contact information.

How You Can Manage Your Marketing Preferences

To protect your privacy rights and ensure you have control over how we manage marketing with you:

• we will take steps to limit direct marketing to a reasonable and proportionate level and only send you communications which we believe may be of interest or relevance to you;
• you can ask us to stop direct marketing at any time. You can ask us to stop sending email marketing by following the ‘unsubscribe’ link you can find on the email marketing messages we send you. Alternatively, you can contact us. Please specify whether you would like us to stop all forms of marketing or just a particular type (e.g. email); and
• you can change the way your browser manages cookies, which may be used to deliver online advertising, by following the settings on your browser as explained above.

We recommend you routinely review the privacy notices and preference settings that are available to you on social media platforms, as well as your preferences within your account.

Transferring Personal Information Globally

In this section you can find out more about:

• how we operate as a global business and transfer data internationally
• the arrangements we have in place to protect your personal information if we transfer it overseas

We are a US-based company so the Personal Information that we collect from you may be transferred to, and stored at, a destination outside of your country and the European Economic Area (“EEA”) and, in particular, the United States, which may have different or less protective privacy laws than those in your country. Personal Information may also be processed by any service providers appointed by us who operate outside the EEA and their staff, and/or our own staff based outside of the EEA. By using our Website and providing Personal Information to us, you consent to such transfer to, and processing in, the United States.

If you have a complaint or dispute regarding this privacy policy or our processing of your Personal Information, and you are not satisfied by our response, you have the right to lodge a complaint with a supervisor authority. To this end:

• transfers within ACRES will be covered by an agreement entered into by members of ACRES (an intra-group agreement) which contractually obliges each member to ensure that personal information receives an adequate and consistent level of protection wherever it is transferred within ACRES;
• ACRES may share aggregated and/or de-identified data collected from users of the Website (i.e., data that is not Personal Information) with third parties for various business purposes including product and service development and improvement activities related to our services. Where we transfer your personal information outside ACRES, or to third parties who help provide our products and services, we obtain contractual commitments from them to protect your personal information. Some of these assurances are well recognized certification schemes like the EU-US Privacy Shield for the protection of personal information transferred from within the EU to the United States; or
• ACRES cooperates with public authorities, government and law enforcement officials, and governmental agencies to enforce and comply with the law. We will disclose any information about you to public authorities, government or law enforcement officials, or governmental agencies as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal processes (including but not limited to subpoenas and lawful government requests), to protect the property and rights of ACRES or a third-party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical or legally actionable activity. Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before personal information is disclosed.
• In the event that all or a substantial portion of the assets, business or equity of ACRES is acquired by, merged with or transferred to another party, or in the event that ACRES goes out of business or enters bankruptcy, your Personal Information may be one of the assets that is transferred to or acquired by the third-party. You acknowledge that such transfers may occur, and that any acquirer of ACRES or its assets may continue to use your Personal Information as set forth in this Privacy Policy. If any acquirer of ACRES or its assets will use your Personal Information contrary to this Privacy Policy, you will receive prior notice.

You have a right to contact us for more information about the safeguards we have put in place (including a copy of relevant contractual commitments) to ensure the adequate protection of your personal information when this is transferred as mentioned above.

How We Protect and Store Your Information

Security

We have procedures that limit ACRES’ employees and contractors’ access to Personal Information. Only those employees and contractors with a business reason to know have access to such information. We educate our employees about the importance of confidentiality and customer privacy through standard operating procedures, mandatory training programs, and internal policies on data privacy and corporate integrity. We take appropriate disciplinary measures to enforce employee privacy responsibilities.

Please bear in mind, however, that no Internet transmission is ever 100% secure or error-free. More specifically, information transmitted to or from the Services may not be via a secure connection. As a result, you should take particular care in deciding what information you send via our Website.

Any information you provide to ACRES through the use of the Website may be stored and processed, transferred between and accessed from the United States and other countries which may not have the same level of protection of personal information as the one in which you reside. ACRES will handle your Personal Information in accordance with this Privacy Policy regardless of where your Personal Information is stored or accessed.

Links to Other Sites
This Privacy Policy covers the treatment of Personal Information gathered when you are using or accessing our Website. This Privacy Policy does not apply to practices of third parties that we do not own or control, including but not limited to, any third-party sites.

ACRES does not control these third-party sites and is not responsible for the content or the privacy policies or practices of any third-party site. If you connect to third-party sites from a link on our Website, we encourage you to consult the privacy policy of each site you visit.

Storing your personal information
We will retain your Personal Information as long as necessary to provide you the services offered there through and the other permitted uses specified in Section II above, and for a reasonable transition time thereafter. We may store aggregated and anonymized information (i.e., information that is not Personal Information) indefinitely.

In specific circumstances we may store your personal information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your personal information or dealings.

Our Services are not directed at or intended for use by minors. Therefore, we do not wish to receive, nor do we knowingly collect, Personal Information from minors via our Website. No one under age 13 may provide any Personal Information to ACRES on or through our Website. In the event that we learn that we have collected Personal Information from a child under age 13 without verification of parental consent, we

Legal Rights Available to Help Manage Your Privacy

The new rights provided by the EU General Data Protection Regulation have been in effect since May 25, 2018.

Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have certain rights in relation to your personal information. Click on the links below to learn more about each right you may have:

• to access personal information
• to rectify / erase personal information
• to restrict the processing of your personal information
• to transfer your personal information
• to object to the processing of personal information
• to object to how we use your personal information for direct marketing purposes
• to obtain a copy of personal information safeguards used for transfers outside your jurisdiction
• to lodge a complaint with your local supervisory authority

We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

You can exercise your rights by contacting us. Subject to legal and other permissible considerations, we will use reasonable efforts to honor your request promptly or inform you if we require further information in order to fulfil your request.

We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

Right to Access Personal Information

You have a right to request that we provide you with a copy of your personal information that we hold and you have the right to be informed of: (a) the source of your personal information; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your personal information may be transferred.

Right to Rectify or Erase Personal Information
You have a right to request that we rectify inaccurate personal information. We may seek to verify the accuracy of the personal information before rectifying it.

You can also request that we erase your personal information in limited circumstances where:

• it is no longer needed for the purposes for which it was collected; or
• you have withdrawn your consent (where the data processing was based on consent); or
• following a successful right to object (see right to object); or
• it has been processed unlawfully; or
• to comply with a legal obligation to which ACRES is subject.

We are not required to comply with your request to erase personal information if the processing of your personal information is necessary:

• for compliance with a legal obligation; or
• for the establishment, exercise or defense of legal claims.

Right to Restrict the Processing of Your Personal Information

You can ask us to restrict your personal information, but only where:

• its accuracy is contested, to allow us to verify its accuracy; or
• the processing is unlawful, but you do not want it erased; or
• it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise or defend legal claims; or
• you have exercised the right to object and we are considering your request.

We can continue to use your personal information following a request for restriction:

• where we have your consent; or
• to establish, exercise or defend legal claims; or
• to protect the rights of another natural or legal person.

Right to Transfer Your Personal Information

You can ask us to provide your personal information to you in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller, but in each case only where:

• the processing is based on your consent or on the performance of a contract with you; and
• the processing is carried out by automated means.

Right to Object to the Processing of Your Personal Information

You can object to any processing of your personal information which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests.

If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.

Right to Object to How We Use Your Personal Information for Direct Marketing Purposes

You can request that we change the way we contact you for marketing purposes.

You can request that we not transfer your personal information to unaffiliated third parties for the purposes of direct marketing or any other purposes.

Right to Obtain a Copy of Personal Information Safeguards Used for Transfers Outside Your Jurisdiction

You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside of the European Economic Area.

We may redact data agreements to protect commercial terms.

Right to Lodge a Complaint With Your Local Supervisory Authority

You have a right to lodge a complaint with your local data protection supervisory authority if you have concerns about how we are processing your personal information. We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.

California Privacy Rights

If you are a California resident, you have the right to request certain information from us regarding the manner in which we share with third parties certain categories of information that identifies you for the third parties’ direct marketing purposes. If you wish to exercise those rights, please email us at privacy@acrescap.com.

How You Can Contact Us For More Support

The primary point of contact for all issues arising from this privacy policy, is our Chief Compliance Officer who can be contacted in the following ways:

ACRES Capital, LLC
865 Merrick Ave, Suite 200 S
Westbury, New York 11590
Telephone: (516) 535-0015
Email: acresinfo@acrescap.com

If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact our Data Protection Officer. We will investigate and attempt to resolve complaints and disputes and will make every reasonable effort to comply with your request to exercise your rights as quickly as possible and in any event, within the timescales provided by data protection laws.

To Contact Your Data Protection Supervisory Authority

You have a right to lodge a complaint with your local data protection supervisory authority (i.e. your place of habitual residence, place or work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before lodging a complaint with your local supervisory authority.