Athyrium – Privacy Policy

Athyrium is committed to protecting your privacy. Information or data about you or that can be used to identify you, such as your name, address(es), telephone number(s), e-mail address(es) or other information or data, is referred to below as "personal information." References in this Privacy Policy to "we," "us," "our" or "Athyrium" are references to Athyrium Capital Management, LP, a Delaware limited partnership, its affiliated investment funds, and representatives of the foregoing who are responsible for collecting and processing information or data about you. Please read the following Privacy Policy to understand how your personal information will be collected, stored, used and disclosed. This Privacy Policy may change periodically, so please check back from time to time. The date of the last update to this Privacy Policy is August 27, 2018.

This Privacy Policy includes details on:

  • When and How We Collect Personal Information
  • How We Use Personal Information
  • How and Where We Disclose Personal Information
  • Our Efforts to Protect Personal Information
  • How Long We Keep Personal Information
  • Your Rights Regarding Your Personal Information
  • Our Use of Cookies
  • Questions about the Privacy Policy

1. When and How We Collect Personal Information

Our website does not directly collect any personal information.

We will, however, collect personal information about you when you voluntarily choose to disclose such information to us, directly or indirectly through a representative, such as by mail, telephone, fax, email or other methods. Please do not provide us with personal information that you do not want us to have.

We may also collect personal information about you from another source, for example, from a business associate of yours, your representative, an expert or a publicly available source. If you provide personal information to us about someone else (such as one of your employees or business associate), you acknowledge that you are authorized to disclose that information to us and that, without taking any further steps, we may collect, use, store and disclose that personal information as described in this Privacy Policy as if it were disclosed to us directly by such other person.

We also collect personal information when you apply for employment with Athyrium, through a recruiter or by contacting us directly. This information could include, among other things, educational background, school transcripts, writing sample, current and prior employment, qualification details, professional licenses, references, national ID number or permits to work in the jurisdictions for which you applied, and photo.

We also collect certain information through automatic means. For example, we may use cookies or other technologies to collect certain information when you use the www.athyrium.com website. The information collected through our website includes location, IP address, browser type, and content viewed. We do not consider this automatically collected information to be personal information. If we connect any automatically collected information to any personal information collected about you, however, we will treat it in accordance with the terms of this Privacy Policy. Please refer to "Our Use of Cookies" below for more information on the use of these tracking technologies, and how you can disable them.

We do not direct our website to children or individuals under eighteen (18) years of age. Individuals under eighteen (18) should consult with their parents or guardians about the use of this website.

2. How We Use Personal Information

We use personal information for the following purposes:

  • Marketing: We may use certain of your personal information to respond to your inquiries or to send you newsletters, updates, marketing communications, and other information or materials that may interest you.   
  • Contract Performance:  We may use personal information in connection with pre-contract activities and discussion with you, or to perform a contract that we have with you.
  • Recruiting:  If you are a candidate for a position with Athyrium, we will use personal information about you in connection with recruiting you, processing your application for the position, or, if applicable, extending an offer to you or hiring you.
  • Legal and Regulatory Obligations:  We will use personal information as necessary for compliance with legal or regulatory obligations to which we are subject, such as requirements to comply with applicable laws on the prevention of financial crime, tax and regulatory reporting, or rules regarding the recording and monitoring of communications. 
  • Other Legitimate Interests:  We may use your personal information for any of our other legitimate interests not described above.  These include analyzing use of our website or services, tailoring website and news content, setting preferences in our website or electronic mailings, improving our website, offering and managing programs and events, fulfilling our obligations to our clients and others, and managing our client and vendor relationships.

3. How and Where We Disclose Personal Information

We will not sell, trade, or rent your personal information.

We operate our website from the United States of America and store the information we collect through our website in the United States of America.  We will disclose personal information, within and outside of Athyrium, for the purposes described above.

We will disclose your personal information to third party service providers that perform services for us and who are obligated to secure the information, such as lawyers, consultants, fund administrators, information technology suppliers, analytics providers, mailing providers, joint marketing or event providers, and other outsourced service providers. These service providers may be located anywhere in the world.

We will also disclose your personal information as required by a court order or any other legal or regulatory requirement, including in response to requests from public and government authorities outside your country of residence or to protect our rights, privacy, safety or property, or that of you or others anywhere in the world.

The recipients of your personal information may be located outside of the jurisdiction where you reside. The laws of these other countries may not provide the same level of protection as the laws of your home country. By providing us with personal information about yourself, you acknowledge the disclosure of such personal information to these recipients. Any use of your personal information by us outside of your jurisdiction will be in accordance with this Privacy Policy.

4. Our Efforts to Protect Personal Information

We deploy administrative, technical, and physical safeguards designed to comply with applicable legal requirements and protect the information that we collect. This includes, when required or appropriate and feasible, obtaining assurances from third parties that may access your data that they will protect the data with safeguards designed to provide a level of protection equivalent to that adopted by Athyrium.

Unfortunately, despite such measures, no data transmission over the Internet and no database or other depository of information can be one hundred percent secure. As a result, while we will strive to protect your personal information, we cannot and do not guarantee or warrant the security of any of your personal information, and it is possible that your personal information may be disclosed due to errors in transmission, activities conducted on networks that we do not control, unauthorized acts of third parties, or other circumstances beyond our control.

5. How Long We Keep Personal Information

To determine the appropriate retention period for your personal information, we will consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we use it, and the applicable legal requirements. In some circumstances we may anonymize your personal information so that it can no longer be associated with you, in which case it is no longer personal information. Upon expiration of the applicable retention period we will securely destroy your personal information in accordance with applicable laws and regulations.

6. Your Rights with Regard to Your Personal Information

This Privacy Policy only addresses our use and disclosure of personal information we collect from you. To the extent that you disclose your personal information to third parties, including any third-party website linked from any of our websites, you are subject to the privacy policies of those third parties. We encourage you to ask questions before you disclose any personal information to such third parties.

Subject to applicable law, you may have certain rights regarding personal information we have collected about you, which might include the right to know what personal information we have collected about you or make updates, corrections, deletions, or other requests with respect to our use or retention of your personal information.  Please consult with legal advisors in your area if you wish to understand your rights under applicable law.

If you would like to make a complaint about how we have handled your personal information, please send us an email at compliance@athyrium.com. Complaints will be investigated, and the outcome of the investigation will be communicated to you.

7. Our Use of Cookies

A cookie is a small text file that is stored by your web browser when you visit a website. Almost every website uses cookie technology. Cookies may store certain information such as your IP address so that a website can recognize you as the same user across different visits to the website. 

We use cookies to provide the pop-up notice regarding this Privacy Policy, and we use Google Analytics, a third-party service provider that uses cookies to collect information such as your IP address or other identifiers, browser information, and the content you view for the purpose of analyzing how visitors use the Athyrium website. The information generated by the cookies about your use of the website will be transmitted to and stored by this service provider on servers in the United States. This service provider will use this information on our behalf for the purpose of evaluating the number of users on our website, the location of our users, the most frequently used parts of our website, the most commonly used browsers to enhance functionality, and the interests of our users.

When visitors view our web pages, we automatically collect analytics data with Google Analytics to further improve the website and make it more useful for visitors. The following information is automatically collected by Google Analytics: (1) the IP address/hostname used to access our website, (2) date of the visit, and (3) the pages that were visited. The IP address under (1) is used only to generate an approximate count of visits. Most IP addresses are allocated dynamically or configured in such a way that they are not traceable to individual users, and we do not use this data for any purpose other than to improve the website. No information such as names or computer content is collected. We do not sell or distribute any web visitor information. Visitors to our website are subject to Google's privacy policy and terms. Google has more information on how it collects data and how you can control information collected by, or prevent the collection of information by, Google Analytics.

Please note that new services using cookies may be added to the Athyrium website from time to time.  When we update these details, we will post changes on this page or on other pages of our website.

You can manage or disable cookies at any time by adjusting your browser settings. Browsers are different, so please refer to the settings menu of your browser for instructions on how to change your cookie preferences. You can also opt out of the Google Analytics service by going to: http://tools.google.com/dlpage/gaoptout. Please note that if you choose not to receive cookies, the Athyrium website may not function properly and certain services may not be available.
You can find more information on cookies at: www.allaboutcookies.org.

You may send us an email at compliance@athyrium.com if you have questions or concerns about the use of cookies on our websites. 

8. Questions about the Privacy Policy

Privacy and security is important to us. We are committed to building a trusting relationship with you, and we will continually monitor feedback and seek to improve our services to meet your needs. If you have any questions about this Privacy Policy or the practices of this website, or if you would like to provide comments, please send us an e-mail at compliance@athyrium.com.