LEGAL/PRIVACY
By using this website (“Site”), you agree to abide by the following terms and conditions. If you do not accept these conditions, do not use this Site. Starwood Credit Real Estate Income Trust (“Starwood Credit”, “we” or “us”) may change this Privacy Policy and User Agreement (“Agreement”) from time to time, based upon any changes to our Site and our users’ experience on it.
Privacy Policy
Starwood Credit respects the privacy of visitors to the Site. By visiting the Site, you acknowledge that your personal information will be processed in accordance with this Privacy Policy, which may be updated by us at any time. If we update our Privacy Policy, we will post the updated document here. Any such changes will be effective upon posting. We urge you to review the Privacy Policy each time you visit the Site. If you do not agree with any provision of the Privacy Policy, you should not use the Site. This Privacy Policy describes how and when we gather information from visitors to the Site.
Other than in relation to personal information provided to us via the Site, this Privacy Policy does not address our privacy practices concerning any personal information we collect concerning our investors or potential investors with respect to their participation as an investor in our trust; we address those practices in a separate privacy notice sent to such individuals as required by applicable laws. This Privacy Policy also does not apply to any personal information provided separately from an individual to Starwood Capital Group or any of its entities that have previously or are currently serving as or controlling, directly or indirectly, the general partner or managing member of Starwood Credit (“Starwood Capital Group Entities”). Individuals who provide personal information to Starwood Capital Group Entities should visit Starwood Capital Group’s privacy policy available at https://www.starwoodcapital.com/disclaimer/.
Further, this Privacy Policy does not apply to any other third-party websites, including those that may be linked to in the Site. We do not control the privacy policies or practices of others. We encourage you to ask questions and read the privacy policies of other websites before you disclose any personal information to them.
As used in this Privacy Policy, the term “personal information” shall have the meaning given to it under applicable laws.
INFORMATION WE MAY COLLECT
We may collect and process certain aggregate non-identifiable information that becomes available to us as a result of your visit to the Site, including, without limitation, the number and frequency of visitors to the Site. We may also collect and process certain information associated with your visit to the Site, which may include, for example, the websites that you access immediately before and after your visit to the Site, the Internet browser you are using, and your IP address. The foregoing information may be considered personal information.
HOW INFORMATION IS USED:
We use the aggregate Site usage information described above to better understand how visitors are utilizing the Site in order to enhance the Site experience.
We may also use the information collected as a result of your visit to the Site (including information that may be considered personal information):
- for our legitimate business interests such as to operate our business and to facilitate investments;
- to monitor, operate and ensure ongoing access to the Site;
- to protect our business from fraud, money laundering and other financial or business crimes; and
- to comply with our legal and regulatory obligations and bring and defend legal and/or regulatory claims.
We may use internal and external service providers and professional advisers to operate the Site and employ other persons to perform work on our behalf. These persons may have access to the personal information described above, but only for the purpose of performing their duties. These persons may not use your personal information for any other purpose.
We will not disclose your personal information to any other persons, except as described above, or if we (i) disclose your personal information to applicable third parties in the event of a reorganization, merger, sale, acquisition, assignment, bankruptcy proceeding or other business transaction or (ii) are required to make disclosures to the government or private parties in connection with a lawsuit, subpoena, investigation or similar proceeding. You hereby authorize us to disclose any such information in those circumstances.
We may disclose your non-personally identifiable information to others, such as investors, for informational or promotional purposes. Non-personally identifiable information is information that does not personally identify you, including anonymous information and aggregate data.
COOKIES
The Site may use “cookies” to facilitate your ongoing access to and use of the Site, and help us in the ongoing maintenance of the Site. Cookies are small text files that may be placed on your browser when you visit the Site. For instance, when you return to the Site after logging in, cookies provide information to the Site, including personal information, so that the Site will remember who you are.
We use cookies primarily to capture anonymous analytics to improve the Site experience and performance. This includes compiling statistical information concerning, among other things, the frequency of use of the Site, the pages visited, and the length of each visit, as well as information about your computer, operating system, browser, language, and country.
Using the settings of your internet browser, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. Consult your browser’s HELP menu to learn your options with respect to cookies. If you choose to turn off cookies, you may not have access to many features that make your browsing of the Site smoother, and some of our services may not function properly.
GOOGLE ANALYTICS
We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), which uses cookies and tracking code to help analyze how visitors use the Site. The information collected (including what browser and operating system you are using, your IP address, the pages on our website that you visit, your number of page views, and the time you spend on our website) is transmitted to and stored by Google. Google uses this information for the purpose of evaluating visitors’ use of the Site in an aggregate manner, compiling reports on Site activity for operators of the Site and providing other services relating to Site activity and Internet usage. Google may transfer this information to third parties where required to do so by law, or to third parties that process information on Google’s behalf. You can read Google’s privacy policy at http://www.google.com/intl/en/privacy.html.
PROTECTION OF INFORMATION
To protect your personal information from unauthorized access and use, we use security measures that follow industry best practices. These measures include technical, administrative and physical safeguards and secured files and buildings designed to help protect your personal information. However, there is no such thing as “perfect security” over the Internet, and there is always the risk that unauthorized persons may access or use your personal information. We will not be responsible or liable for any damages, losses, or causes of action arising out of or in connection with the disclosure of your personal information. You use the Site and provide us with your personal information at your own risk.
HOW LONG WE KEEP YOUR PERSONAL INFORMATION
We will keep your personal information for no longer than is necessary given the purpose for which it was collected as set forth in this Privacy Policy, and then for as long as is necessary to respond to any questions, complaints or claims made by you or on your behalf and/or as required by law. Different retention periods apply for different types of personal information. The criteria used to determine the retention periods include: (i) how long the personal information is needed to operate the Site and otherwise operate our business; (ii) the type of personal information collected; and (iii) whether we are subject to a legal, contractual, or other obligation to retain the personal information (e.g., mandatory recordkeeping obligations under the federal securities laws and potential government or judicial orders to preserve information in connection with an investigation, or litigation or disputes).
DO NOT TRACK
We do not track visitors of the Site over time and across third-party websites to provide targeted advertising and therefore do not respond to Do Not Track (“DNT”) signals. However, some third-party sites 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 websites, your browser allows you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked. You may consult the help pages of your browser to learn how to set your preferences so that websites do not track you.
LOCATION OF THE SITE
The Site is hosted and operated in the United States. However, we and our service providers may store information about individuals in the United States, or we may transfer it to, and store it within, other countries.
Visitors from jurisdictions outside the United States visit the Site at their own choice and risk.
If you are not a resident of the United States, you acknowledge and agree that we may collect and use your personal information outside your home jurisdiction, and that we may store your personal information in the United States or elsewhere. Please note that the level of legal protection provided in the United States from which you may access our Site may not be as stringent as that under privacy standards or the privacy laws of other countries, possibly including your home jurisdiction.
CALIFORNIA PRIVACY POLICY
This California Privacy Policy supplements the Privacy Policy with respect to specific rights granted under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, and all implementing regulations thereto (collectively, the “CCPA”) to natural person California residents and provides information regarding how such California residents can exercise their rights under the CCPA. This supplement is only relevant to you if you are a resident of California as determined in accordance with the CCPA. Information required to be disclosed to California residents under the CCPA regarding the collection of their personal information that is not set forth in this CCPA supplement is otherwise set forth in the Privacy Policy.
What does this California Privacy Policy apply to?
This California Privacy Policy applies solely to your visit to the Site and your personal information that we collect and process as a result of your visit to the Site. If you provide personal information to us through another means (e.g., as an investor), you will receive a separate privacy notice and that notice will govern that personal information.
What information do we collect about you?
The categories of personal information we may have collected over the last twelve (12) months include the following:
- Internet or other electronic network activity information, such as information regarding your use of the Site (e.g., cookies, browsing history and/or search history).
For additional details about the personal information we may collect, please refer to the section titled “Information We May Collect” above.
We do not collect, use or disclose sensitive personal information (as that term is defined under the CCPA) from you during your visit to the Site.
We do not knowingly collect personal information from anyone under the age of 18.
How do we obtain your personal information?
We may collect and maintain your personal information from the following sources:
- information captured on the Site, including information captured electronically as a result of your use of same.
How long do we retain your personal information?
For each of the categories of personal information that we collect (listed above), we retain such personal information only for as long as reasonably necessary to fulfill the purposes we collected it for, including for purposes of satisfying any legal, regulatory, accounting or reporting requirements, unless a longer retention period is otherwise required by law.
How do we use your personal information?
We will use your personal information for one or more of the business purposes described in the section titled “How Information is Used” above.
To whom do we disclose your personal information?
We do not “sell” or “share” (as such terms are defined by the CCPA) any of the personal information we collect about you to third parties.
Within the last twelve (12) months, we may have disclosed each of the categories of personal information we have collected to service providers and as described in the section titled “How Information is Used” above.
Your rights under the CCPA
Deletion Rights: You have the right to request that we delete any of your personal information that we retain, subject to certain statutory exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations. We will notify you in writing if we cannot comply with a specific request and provide an explanation of the reasons.
Correction Rights: You have the right to request that we correct inaccurate personal information about you.
Disclosure and Access Rights: You have the right to request that we disclose to you certain information regarding our collection and use of personal information specific to you over the last twelve (12) months. Such information includes:
- the categories of personal information we collected about you;
- the categories of sources from which the personal information is collected;
- our business or commercial purpose for collecting such personal information;
- the categories of third parties to whom we disclose the personal information;
- the specific pieces of personal information we have collected about you; and
- whether we disclosed your personal information to a third party, and, if so, the categories of personal information that each recipient obtained.
Non-Discrimination: We will not discriminate against you for exercising your rights under the CCPA, including by denying service, suggesting that you will receive (or charging) different rates for services or suggesting that you will receive (or providing to you) a different level or quality of service.
How to Exercise Your Rights: To exercise any of your rights under the CCPA, or to access this notice in an alternative format, please submit a request on your behalf using any of the methods set forth in the “Contact us” section below.
Contact us
For any requests relating to the exercise of your rights under the CCPA, or questions regarding our processing of your personal information, please submit or have your authorized representative submit a request using any of the methods set forth below.
Calling us toll-free at (203) 422-7700
We will contact you to confirm receipt of your request under the CCPA and request any additional information necessary to verify your request. We verify requests by matching information provided in connection with your request to information contained in our records. Depending on the sensitivity of the request and the varying levels of risk in responding to such requests (e.g., the risk of responding to fraudulent or malicious requests), we may request further information to verify your request. You may designate an authorized agent to make a request under the CCPA on your behalf if you provide a signed agreement verifying such authorized agent’s authority to make requests on your behalf, and we may verify such authorized person’s identity using the procedures above.
CALIFORNIA’S SHINE THE LIGHT LAW
California Civil Code Section 1798.83, known as the “Shine The Light” law, permits our website users who are California residents to request and obtain from us a list of their personal information (if any) that we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. We currently do not disclose any personal information to third parties for their direct marketing purposes.
CONTACT US
Please contact us if you have any questions about our Privacy Policy and the California Privacy Policy or the personal information we collect, store or process about you by e-mailing us at [email protected].
User Agreement
RESTRICTIONS ON USE
Starwood Credit grants you a limited, non-transferable license to access and use for non-commercial purposes the Site. Any unauthorized use of the Site automatically terminates this permission. We may update, alter, or modify the User Agreement without prior notice. By continuing to use the Site after we post changes to the User Agreement, you agree to be bound by any modified terms. Unless otherwise required by law, all changes to the User Agreement become effective immediately upon publication to our Site.
OWNERSHIP
All content included on the Site, such as graphics, logos, articles and other materials, is the property of Starwood Credit or others and is protected by copyright and other laws. All trademarks and logos displayed on the Site are the property of their respective owners, who may or may not be affiliated with our organization. You may not copy, distribute, modify, embed, display, republish or otherwise use the content or features (including any names or logos) on our Site without prior written permission from Starwood Credit.
LIMITATIONS OF LIABILITY
We endeavor to keep the Site secure, but please be aware that there is no such thing as “perfect security” on the Internet. We are not responsible for any damages or injury, including but not limited to special or consequential damages, that result from your use of (or inability to use) this Site, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction. You acknowledge that we provide the contents of the Site on an “as is” basis with no warranties of any kind. Your use of the Site and use or reliance upon any of the materials on it is solely at your own risk.
GOVERNING LAW
You agree that your use of the Site, the Privacy Policy and User Agreement and any disputes relating to any of them shall be governed in all respects by the laws of the State of New York. Any dispute relating to the above shall be resolved solely in the state or federal courts located in Manhattan, New York.
CONTACT US
Please contact us if you have any questions about the User Agreement by e-mailing us at [email protected].