Privacy Policy

WEBSITE PRIVACY NOTICE

Last modified: May 2024

1. Introduction

Monroe Capital LLC and its affiliates (collectively, “Monroe” or “we” or “us”) respect your privacy and are committed to protecting it through our compliance with this privacy notice.

This Privacy Notice (our “Privacy Notice”) describes the types of information we may collect, use, maintain, protect, disclose, or otherwise process about you when you visit the websites https://monroecap.com or https://www.monroebdc.com (each, a “Website”) or contact us via email or via telephone and our practices for collecting, using, maintaining, protecting, disclosing, or otherwise processing that information.

This policy applies to information we collect on our Websites;

It does not apply to information collected by:

us when you apply to or become an investor in one of our funds;
us offline or through any other means;
us or any of our affiliates or subsidiaries related to your or any other individual’s employment or potential employment with us; or
any third party, including through any application or content (including advertising) that may link to or be accessible from the Website.

Please read this Privacy Notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Websites. By accessing or using our Websites, you agree to this Privacy Notice. This Privacy Notice may change from time to time (see Changes to Our Privacy Notice).

Your continued use of a Website after we make changes is deemed to be acceptance of those changes, so please check this Privacy Notice periodically for updates.

This Privacy Notice does not apply to Personal Data that we may collect or otherwise receive related to your investment, or application to invest, in one of our funds. Please see our Investor Privacy Notice, made available to you in the investor portal as part of the applicable subscription documents for more information on how we collect and use such Personal Data.

This Privacy Notice also does not apply to employment-related Personal Data that we may collect or otherwise receive about you related to your relationship with us as an employee, job applicant, contractor, or other similar relationship. Please contact Monroe’s Human Resources department for more information on how we collect and use such Personal Data.

2. Children Under the Age of 18

Our Websites are not intended for children under 18 years of age. No one under age 18 may provide any information to or on a Website. We do not knowingly collect Personal Data from children under 18. If you are under 18, do not use or provide any information on our Websites, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received Personal Data from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information directly from a child under 18, please contact us at privacy@monroecap.com.

3. Information We Collect About You and How We Collect It

Throughout this Privacy Notice, the term “Personal Data” means any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or device. However, Personal Data does not include any deidentified or aggregated information.

Generally

We collect Personal Data from various sources, including:

directly from you when you provide it to us, either on the Websites or when you contact us via email or telephone; and
automatically as you navigate through or otherwise use the Websites.

Information You Provide to Us

We may collect the following types of Personal Data directly from you when you access or use our Websites or otherwise contact us via email or phone: real name, alias, postal address, email address, and telephone number.

The Personal Data that you directly provide us is collected through:

information that you provide by filling in forms on our Websites, such as when you join our email list; and
if you contact us via email or telephone, records of your correspondence (including email addresses and the contents of your email).

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Websites, we may use automatic data collection technologies to collect certain Personal Data about your interaction with our Websites, including information about your equipment, browsing actions, and patterns. This includes:

details of your visits to, and use of, our Websites. This includes: browsing history, search history, traffic data, location data, logs, referring/exit pages, date and time of your visit to our Websites, error information, clickstream data, and other communication data and the resources that you access, use, or otherwise interact with on or through the Websites; and
Information about your computing device and internet connection, i.e., your IP address, operating system, device make and model, and browser type.

The information we collect automatically may include Personal Data. It helps us to improve our Websites and to deliver a better and more personalized service by enabling us to:

estimate our audience size and usage patterns;
store information about your preferences;
record your activities on our Websites for analytics and debugging purposes;
speed up your searches; and
recognize you when you return to our Websites.

The technologies we use for this automatic data collection may include one or more of the following:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. We only place non-essential cookies on your device with your consent. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. However, if you do not consent to our use of cookies or select this setting you may be unable to access certain parts of our Websites. Our Websites may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Websites. You can find more information about cookies at http://www.allaboutcookies.org and http://youronlinechoices.eu. More information about our use of specific cookies and how long they remain on your device can be found below. By continuing to allow cookies (see Choices About How We Use and Disclose Your Information), you hereby consent to our recording of use of the Websites or other communications you may have with our Websites.
- Session Cookies. Each time you access the Websites, a session cookie containing an encrypted, unique identifier is placed on your device. These session cookies allow us to uniquely identify you when you use the Websites and allow us to maintain your login session. Session cookies are required to use the Websites and are removed when you logout or close your browser window to the Websites.
- Persistent Cookies. Persistent cookies that may contain a unique identifier are placed on your device when you access the Websites. These cookies are used to track aggregate and statistical information about user activity, maintain your preferences, and provide you with targeted or behavioral advertising based on your activities on the Websites. The amount of time these cookies remain on your device may vary, depending on the cookie.
Web Beacons. Pages of our Websites may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Monroe, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Cookies Used on our Websites

Google Analytics Cookies: Google Analytics is a web analytics service provided by Google, Inc. (“Google”) to collect and record certain information relating to your use of the Website (including your IP address and what pages on our Websites you visit). This information is collected through the use of cookies that remain valid for a period of up to 24 months. The information collected through these cookies will be transmitted to and may be stored by Google on servers throughout the world, including the United States. Google will use this information for the purpose of evaluating your use of the Websites and compiling reports related to the activity on our Websites for Monroe. We use this information to further understand the use of our Websites and our content. 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. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of our Websites. By using our Websites, you consent to the collection and recording of data about your activities on our Websites by Google in the manner and for the purposes set out above. For more information regarding Google Analytics please visit Google’s website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.

4. How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Data:

to provide and personalize our Websites and their content to you;
to provide you with information that you request from us;
to support, develop, troubleshoot, and debug our Websites;
to provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;
to personalize your experience with our Websites and to deliver content and product and service offerings relevant to your interests, including via email or text message (with your consent, where required by law);
to help maintain the safety, security, and integrity of our Websites, services, databases and other technology assets, and business;
for internal testing, research, analysis, and product development, including to develop and improve our Websites, and to develop, improve, or demonstrate our products and services;
detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
debugging to identify and repair errors that impair existing intended functionality;
to carry out our obligations and enforce our rights arising from any contracts entered into between you and us (such as our Websites’ terms of use);
to notify you about changes to our Websites;
in any other way we may describe when you provide the information;
to fulfill any other purpose for which you provide it; and
for any other purpose with your consent.

We may also use your Personal Data to provide you with investor relation alerts that you request. If you have subscribed to such alerts but subsequently wish to change your choice, you may do so by (1) clicking the unsubscribe link contained in the email you received; or (2) sending us an email stating your request to privacy@monroecap.com. For more information, see Choices About How We Use and Disclose Your Information.

5. Disclosure of Your Personal Data

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Notice. However, we may disclose aggregated information about our users without restriction.

We may disclose Personal Data that we collect, or you provide, as described in this Privacy Notice:

to our subsidiaries and affiliates;
to contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them. These entities may provide, for example, provide IT and infrastructure support services and website analytics services;
to a potential or actual buyer or other successor in the event of a planned or actual merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Monroe’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by the Monroe about our Websites’ users is among the assets transferred;
to fulfill the purpose for which you provide it;
for any other purpose disclosed by us when you provide the information; and
with your consent.

We may also disclose your Personal Data:

to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
to enforce or apply our terms of use and other agreements; and
if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Monroe, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

6. Choices About How We Use and Disclose Your Information

We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Data we have collected about you. We have created mechanisms to provide you with control over your Personal Data:

Tracking Technologies. We may use certain tracking technologies that may record your activities on our Websites and your other online activities, and such recordings may be disclosed and processed by third-parties who provide such technologies. This helps us understand our users and the use of our Websites. You may set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent, however, if you disable or refuse cookies in this manner, please note that some parts of our Websites may then be inaccessible or not function properly. If you do not disable these technologies, you explicitly consent to our use of your Personal Data and our recording of your activities on our Websites.
Information About Monroe’s Products and Services. We will only use your email address to promote our own products and services when you join our email list. By joining our email list, you consent to our use of your email address for this purpose. If you wish to withdraw your consent and be omitted from future email distributions, you may do so at any time sending us an email stating your request to privacy@monroecap.com or by clicking the unsubscribe link in the body of that email. This opt out does not apply to communications related to your investment (if any).

7. Accessing, Correcting, and Deleting Your Personal Data

You may contact us at the contact information below to request access to, correct or delete any Personal Data that we have collected about you. We may not accommodate a request to change or delete your Personal Data if we believe the change or deletion would violate any law or legal requirement or cause the information to be incorrect.

The jurisdiction in which you are a resident or are located may provide you with additional rights and choices regarding your Personal Data. Please see Jurisdiction-Specific Privacy Rights for more information.

8. Jurisdiction-Specific Privacy Rights

The law in some jurisdictions may provide you with additional rights regarding our use of Personal Data. To learn more about any additional rights that may be applicable to you as a resident of one of these jurisdictions, please see the privacy addendum for your jurisdiction that is attached to this Privacy Notice.

Your California Privacy Rights

If you are a resident of California, you have the additional rights described in our California Privacy Addendum.

Your GDPR Privacy Rights

If you are a resident of the European Economic Area, Switzerland, or the United Kingdom, you have the additional rights described in our GDPR Privacy Notice.

9. Do Not Track Signals and Global Privacy Control Signals

We do not track you over time and across third-party websites or other online services for any purpose.

Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. Our Websites incorporate third-party technology designed to honor such signals and some similar mechanisms that may be sent by your browser or device and we may limit the Personal Data or other information we collect and/or how we use your Personal Data or other information based upon whether such a signal is transmitted by your browser or device and received by us.

10. Data Security

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure.

Unfortunately, the transmission of information via the internet is not completely secure. Although we have implemented measures to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Websites. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures deployed on the Websites.

11. Consent to Processing of Personal Data in the United States

In order to provide our Websites to you or by otherwise contacting us, your Personal Data may be transmitted to or otherwise stored outside of the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Data. Your Personal Data may be processed and stored in the United States and federal, state, and local governments, courts, or law enforcement or regulatory agencies in the United States may be able to obtain disclosure of your information through the laws of the United States. By using our Websites or otherwise contacting us via email or telephone, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Data outside the country where you reside or are located, including in the United States.

Your Personal Data is transferred by Monroe from your country to another country only if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Data. To ensure your Personal Data is treated in accordance with this Privacy Notice when we transfer it to a third party, Monroe uses Data Protection Agreements between the Monroe and all other recipients of your Personal Data.

12. Changes to Our Privacy Notice

We may change this Privacy Notice at any time. It is our policy to post any changes we make to our Privacy Notice on this page. If we make material changes to how we treat our users’ Personal Data, we will notify you through a notice on the Websites’ home page. The date this Privacy Notice was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites and this Privacy Notice to check for any changes.

Your continued use of our Websites following the posting of changes constitutes your acceptance to such changes.

13. Contact Information

If you have any questions, concerns, complaints, or suggestions regarding our Privacy Notice or the ways in which we collect and use your Personal Data described in this Privacy Notice, have any requests related to your Personal Data pursuant to applicable laws, or otherwise need to contact us, you may contact us at the contact information below or through the “Contact” page on our Websites.

Monroe Capital LLC
311 South Wacker Drive
Suite 6400
Chicago, Illinois 60606
(312) 258-8300
privacy@monroecap.com

MONROE PRIVACY NOTICE ADDENDUM FOR CALIFORNIA RESIDENTS

1. Introduction

This Privacy Notice Addendum for California Residents (the “California Privacy Addendum”) supplements the information contained in Monroe Capital LLC’s and its affiliates’ (collectively, “Monroe”) Website Privacy Notice and describes our collection and use of Personal Information (as defined below). This California Privacy Addendum applies solely to all visitors, users, and others who reside in the State of California (“Consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (collectively, the “CPRA”) and any terms defined in the CPRA have the same meaning when used in this notice.

2. Scope of this California Privacy Addendum

This California Privacy Addendum applies to information that we collect on our Websites that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household (“Personal Information”). However, publicly available information that we collect from government records and deidentified or aggregated information (when deidentified or aggregated as described in the CPRA) are not considered Personal Information and this California Privacy Addendum does not apply to such information.

This California Privacy Addendum does not apply to employment-related Personal Information collected from our California-based employees, job applicants, contractors, or similar individuals (“Personnel”). Please contact your local human resources department if you are part of our California Personnel and would like additional information about how we process your Personal Information.

This California Privacy Addendum also does not apply to Personal Information reflecting a written or verbal business-to-business communication (“B2B Personal Information”). Please see our California Privacy Addendum for B2B Personal Information for information regarding our practices regarding your B2B Personal Information.

3. Information We Collect About You and How We Collect It

Monroe collects, through its Websites, email and telephone communications, and over the prior twelve (12) months have collected, the following categories of Personal Information about Consumers:

Personal Information Category	Applicable Pieces of Personal Information Collected
Identifiers.	A real name; postal address; Internet Protocol address; email address; and other similar identifiers.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name. Some Personal Information included in this category may overlap with other categories.
Internet or other similar network activity.	Browsing history; search history; information on a Consumer’s interaction with any of the Websites.
Geolocation Data	We collect IP-based information about your physical location or movements for Website security purposes. This IP-based information can only identify your physical location or movements to a geographic region, such as town, city, state, and country, but cannot be used to identify your precise physical location or movements.

At your choice, you may also provide additional categories of Personal Information when you contact us through email or telephone. Monroe will not intentionally collect additional categories of Personal Information without providing you notice. As further described in To Whom Do We Sell or Share Your Personal Information, we may “sell” any categories of Personal Information for monetary or other valuable consideration and we do not “share” any categories of Personal Information for cross-context behavioral advertising.

4. Sources of Personal Information

We collect Personal Information about you from the sources described in our Privacy Notice.

5. Purposes for Our Collection of Your Personal Information

We only use your Personal Information for the purposes described in our Privacy Notice.

We may use, “sell” the Personal Information we collect for monetary or other valuable consideration and, over the prior twelve (12) months, have used, “sold” the Personal Information we have collected for monetary or other valuable consideration, for the purposes described in To Whom Do We Sell or Share Your Personal Information.

Monroe will not use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

6. Third Parties to Whom Do We Disclose Your Personal Information for Business Purposes

Monroe may disclose your Personal Information to third parties for one or more business purposes. When we disclose Personal Information to non-affiliated third-parties for a business purpose, we enter a contract that describes the purpose, requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the specific business purposes for which the Personal Information was disclosed, and requires the recipient to otherwise comply with the requirements of the CPRA. The CPRA prohibits third parties who purchase the Personal Information we collect from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

In the preceding twelve (12) months, Monroe has disclosed the following categories of Personal Information for one or more of the business purposes described below to the following categories of third parties:

Personal Information Category	Categories of Third Party Recipients
Identifiers.	Service Providers; affiliates, parents, and subsidiary organizations of Monroe; and Internet cookie information recipients, such as analytics services.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	Service Providers; affiliates, parents, and subsidiary organizations of Monroe; and Internet cookie information recipients, such as analytics services.
Internet or other similar network activity.	Service Providers; affiliates, parents, and subsidiary organizations of Monroe; and Internet cookie information recipients, such as analytics services.
Geolocation Data	Service Providers; affiliates, parents, and subsidiary organizations of Monroe; and Internet cookie information recipients, such as analytics services.

We disclose your Personal Information to the categories of third parties listed above for the following business or commercial purposes:

Helping to ensure security and integrity of our Websites to the extent the use of the Personal Information is reasonably necessary and proportionate for these purposes.
Debugging to identify and repair errors that impair existing intended functionality.
Short–term, transient use, including, but not limited to, nonpersonalized advertising shown as part of your current interaction with us. Our agreements with third parties prohibit your Personal Information from disclosure to another third-party and from using your Personal Information to build a profile about the you or otherwise alter your experience outside your current interaction with us.
Performing services on behalf of us, including maintaining or servicing our investor relation alerts, providing analytic services, providing storage, or providing similar services on behalf of us.

In addition to the above, we may disclose any or all categories of Personal Information to any third-party (including government entities and/or law enforcement entities) as necessary to:

comply with federal, state, or local laws, or to comply with a court order or subpoena to provide information;
comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities;
cooperate with law enforcement agencies concerning conduct or activities that we (or one of our service providers’) believe may violate federal, state, or local law;
comply with certain government agency requests for emergency access to your Personal Information if you are at risk or danger of death or serious physical injury; or
exercise or defend legal claims.

7. To Whom Do We Sell or Share Your Personal Information

“Sale” of Your Personal Information for Monetary or Other Valuable Consideration

As noted in our Privacy Notice, we do not sell Personal Information as the term “sell” is commonly understood to require an exchange for money. However, the use of analytics cookies on our Website is considered a “sale” of Personal Information as the term “sale” is broadly defined in the CPRA to include both monetary and other valuable consideration. Using this broad definition, our “sale” is limited to our use of third-party analytics cookies and their use in understanding how people use and interact with our Websites. Our “sales” of your Personal Information in this matter is subject to your right to opt-out of those sales (see Your Choices Regarding our “Sale” or “Sharing” of your Personal Information).

“Sharing” of Your Personal Information for Cross-Context Behavioral Advertising

In the preceding twelve (12) months, Monroe has not “shared” Personal Information for the purpose of cross-context behavioral advertising.

In the preceding twelve (12) months, Monroe has “sold” for monetary or other valuable consideration the following categories of Personal Information to the following categories of third parties:

Personal Information Category	Sold or Shared	Business or Commercial Purpose for Sale or Sharing (as appropriate)	Categories of Third Parties To Whom Your Personal Information is Sold or Shared
Identifiers.	Sold	Providing website analytics	Internet cookie information recipients, such as analytics services.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	Not Sold or Shared	N/A	N/A
Internet or other similar network activity.	Sold	Providing website analytics	Internet cookie information recipients, such as analytics services.
Geolocation Data	Not Sold or Shared	N/A	N/A

Sale or Sharing of Personal Information of Minors Under the Age of 16

We do not have any actual knowledge that we “sell” the Personal Information of minors under the age of 16 for monetary or other valuable consideration. More information on how minors under the age of 16 may change their choice regarding the “sale” of their Personal Information can be found in Your Choices Regarding our “Sale” of Your Personal Information.

8. Consumer Data Requests

The CPRA provides California residents with specific rights regarding their Personal Information. This section describes your CPRA rights and explains how to exercise those rights. You may exercise these rights yourself or through your Authorized Agent. For more information on how you or your Authorized Agent can exercise your rights, please see Exercising Your CPRA Privacy Rights.

Right to Know. You have the right to request that Monroe disclose certain information to you about our collection and use of your Personal Information over the past 12 months (a “Right to Know” Consumer Request). This includes: (a) the categories of Personal Information we have collected about you; (b) the categories of sources from which that Personal Information came from; (c) our purposes for collecting this Personal Information; (d) the categories of third parties with whom we have shared your Personal Information; and (e) if we have “sold” or “shared” or disclosed your Personal Information, a list of categories of third parties to whom we “sold” or “shared” your Personal Information, and a separate list of the categories of third parties to whom we disclosed your Personal Information to. You must specifically describe if you are making a Right to Know request or a Data Portability Request. If you would like to make both a Right to Know Consumer Request and a Data Portability Consumer Request you must make both requests clear in your request. If it is not reasonably clear from your request, we will only process your request as a Right to Know request. You may make a Right to Know or a Data Portability Consumer Request a total of two (2) times within a 12-month period at no charge.
Access to Specific Pieces of Information (Data Portability). You also have the right to request that Monroe provide you with a copy of the specific pieces of Personal Information that we have collected about you, including any Personal Information that we have created or otherwise received from a third-party about you (a “Data Portability” Consumer Request). If you make a Data Portability Consumer Request electronically, we will provide you with a copy of your Personal Information in a portable and, to the extent technically feasible, readily reusable format that allows you to transmit the Personal Information to another third-party. You must specifically describe if you are making a Right to Know request or a Data Portability request. If you would like to make both a Right to Know Consumer Request and a Data Portability Consumer Request you must make both requests clear in your request. If it is not reasonably clear from your request, we will only process your request as a Right to Know request. We will not disclose any Personal Information that may be subject to another exception under the CPRA. If we are unable to disclose certain pieces of your Personal Information, we will describe generally the types of personal information that we were unable to disclose and provide you a description of the reason we are unable to disclose it. You may make a Right to Know or a Data Portability Consumer Request a total of two (2) times within a 12-month period at no charge.
You have the right to request that we correct any incorrect Personal Information about you to ensure that it is complete, accurate, and as current as possible. You may request that we correct the Personal Information we have about you as described below under Exercising Your CPRA Privacy Rights. In some cases, we may require you to provide reasonable documentation to show that the Personal Information we have about you is incorrect and what the correct Personal Information may be. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect or if the Personal Information is subject to another exception under the CPRA.
You have the right to request that Monroe delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your Consumer Request (see Exercising Your CPRA Privacy Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies pursuant to the CPRA. Some exceptions to your right to delete include, but are not limited to, if we are required to retain your Personal Information to complete the transaction or provide you the services for which we collected the Personal Information or otherwise perform under our contract with you, to detect security incidents or protect against other malicious activities, and to comply with legal obligations. We may also retain your Personal Information for other internal and lawful uses that are compatible with the context in which we collected it.
Non-Discrimination. We will not discriminate against you for exercising any of your CPRA rights. Unless permitted by the CPRA, we will not do any of the following as a result of you exercising your CPRA rights: (a) deny you goods or services; (b) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (c) provide you a different level or quality of goods or services; or (d) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Exercising Your CPRA Privacy Rights

To exercise the rights described above, please submit a request (a “Consumer Request”) to us by either:

Emailing us at privacy@monroecap.com.

If you fail to make your Consumer Request in accordance with the ways described above, we may either treat your request as if it had been submitted with our methods described above or provide you with information on how to submit the request or remedy any deficiencies with your request.

Only you, or your Authorized Agent that you authorize to act on your behalf, may make a Consumer Request related to your Personal Information. To designate an Authorized Agent, see Authorized Agents below.

All Consumer Requests must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an Authorized Agent of such a person. This may include verifying your email address against our records and/or verifying that you can receive and/or respond to an email sent to such an email address.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm which Personal Information relates to you or the individual for whom you are making the request as their Authorized Agent.

Making a Consumer Request does not require you to create an account with us.

We will only use Personal Information provided in a Consumer Request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Your Choices Regarding our “Sale” of Your Personal Information.

Authorized Agents

You may authorize your agent to exercise your rights under the CPRA on your behalf by providing them with written authorization or with power of attorney to exercise your rights in accordance with applicable laws (an “Authorized Agent”). We may request that your Authorized Agent submit proof of identity and that they have been authorized exercise your rights on your behalf. We may deny a request from your Authorized Agent to exercise your rights on your behalf if they fail to submit adequate proof of identity or adequate proof that they have the authority to exercise your rights.

Response Timing and Format

We will confirm our receipt of your Consumer Request within ten (10) business days of its receipt. We will generally process these requests within forty-five (45) calendar days of its receipt. If we require more time (up to an additional 45 calendar days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

In response to a Right to Know or Data Portability Consumer Request, we will provide you with all relevant information we have collected or maintained about you in the 12-month period preceding our receipt of your request (or, if you request, since January 1, 2022), unless an exception applies. The response we provide will also explain the reasons we cannot comply with a Consumer Request, if applicable. For Data Portability Consumer Request, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your Consumer Request unless it is excessive, repetitive, or manifestly unfounded. We reserve the right to consider more than two (2) total Right to Know or Data Portability Consumer Requests (or combination of the two) in a twelve (12) month period to be repetitive and/or excessive and require a fee. If we determine that your Consumer Request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

9. Your Choices Regarding our “Sale” of Your Personal Information

“Sale” of Your Personal Information

You have the right to direct us to not sell your Personal Information for monetary or other valuable consideration at any time (the “right to opt-out”). We do not sell the Personal Information of Consumers we actually know are less than 16 years of age, and Consumers under the age of 18 are not permitted to use or provide any information on or through our Websites.

How You May Opt-Out of Our Sale of Your Personal Information

To exercise the right to opt-out of the “sale” of your Personal Information for monetary or other valuable consideration, you (or your Authorized Agent) may adjust your cookie preferences by configuring your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. However, if you do not consent to our use of cookies or select this setting you may be unable to access certain parts of our Websites or other websites. You can find more information about cookies at http://www.allaboutcookies.org and http://youronlinechoices.eu.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize our “sale” and “sharing” of your Personal Information. However, you may change your mind and opt back into the “sale” of Personal Information at any time by visiting link on our Websites entitled “Cookies” or “Do Not Sell or Share My Personal Information”

10. Personal Information Retention Periods

Monroe will retain your Personal Information for as long as you remain subscribed to our email list. After this period, we may retain your Personal Information for an additional one (1) year, or for any of the reasons listed below, whichever is longer:

when necessary for us to exercise or defend legal claims;
when necessary to comply with a legal obligation;
when necessary to help ensure the security and integrity of our Websites;
when stored in our backup and disaster recovery systems. Your Personal Information will be deleted when the backup media your Personal Information is stored on expires or when our disaster recovery systems are updated; and
for data thåat has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.

Your Personal Information will be deleted when we no longer require your Personal Information for any of the above purposes. We will continue to comply with the Privacy Notice and this California Privacy Addendum for as long as we retain any Personal Data.

11. Changes to This California Privacy Addendum

Monroe reserves the right to amend this California Privacy Addendum at our discretion and at any time. When we make changes to this California Privacy Addendum, we will post the updated addendum on the Website and update the addendum’s effective date. The date this California Privacy Addendum was last revised is identified at the top of the page. You are responsible for checking this California Privacy Addendum regularly when you access any of our Websites.

Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

12. Contact Information

If you have any questions or comments about this California Privacy Addendum, the ways in which Monroe collects and uses your information described above and in the Website Privacy Notice, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Email: privacy@monroecap.com

Postal Address: Monroe Capital LLC
311 South Wacker Drive
Suite 6400
Chicago, Illinois 60606 USA
Attn: Privacy Compliance Manager

WEBSITE GDPR PRIVACY ADDENDUM

Last modified: May 2024

1. Introduction

This GDPR Privacy Addendum (the “GDPR Privacy Addendum”) supplements the information contained in our Website Privacy Notice (our “Privacy Notice”) and applies solely to the users of our Websites or who otherwise contact us via email or telephone who are located in the European Economic Area, the United Kingdom, or Switzerland. We adopt this GDPR Privacy Addendum to comply with the European Union’s General Data Protection Regulation, and any laws implementing the foregoing by any member states of the European Economic Area, the United Kingdom (including the UK Data Protection Act and the UK-GDPR), and or Switzerland (collectively, the “GDPR”). Unless otherwise defined in this GDPR Privacy Addendum, any terms defined in the GDPR or our Privacy Notice have the same meaning when used in this GDPR Privacy Addendum. When this GDPR Privacy Addendum is applicable to you, it takes precedence over anything contradictory in our Privacy Notice.

This GDPR Privacy Addendum does not apply to Personal Data that we may collect or otherwise receive related to your investment, or application to invest, in one of our funds. Please see our Investor Privacy Notice, made available to you in the investor portal as part of the applicable subscription documents for more information on how we collect and use such Personal Data.

2. Data Controller

Monroe Capital LLC and/or its affiliates (“Monroe”) is the data controller of your Personal Data. Monroe may be contacted in any manner set forth below in the “Contact Information” Section of this GDPR Privacy Addendum.

3. Information We Collect About You and How We Collect It

The Personal Data we collect and the ways in which we collect it is described in our Privacy Notice.

The Personal Data we collect from you is required to enter into a contract with Monroe (such as the Terms of Use for our Websites), for Monroe to perform under the contract, and to provide you with the access and use of our Websites. If you refuse to provide such Personal Data or withdraw your consent to our processing of Personal Data (when appropriate), then in some cases we may not be able to enter into the contract or fulfill our obligations to you under it.

We only place non-essential cookies on your device and use other interaction and/or performance monitoring tools with your affirmative consent. You may withdraw or change your consent at any time by adjusting your browser settings to either refuse or accept all or some browser cookies (which may include essential cookies), or to alert you when cookies are being sent. However, if you do not consent to our use of cookies or configure your browser to block all or certain types of cookies, you may be unable to access certain parts of our Websites.

4. Lawful Basis for Processing Your Personal Data

The processing of your Personal Data is lawful only if it is permitted under the GDPR. We have a lawful basis for each of our processing activities (except when an exception applies as described below):

By using our Websites, registering for our email list, or by contacting us via email or telephone, you consent to our collection, use, and sharing of your Personal Data as described in our Privacy Notice and this GDPR Privacy Addendum. If you do not consent to the terms of our Privacy Notice and this GDPR Privacy Addendum, please do not use the Websites, register for our email list, or contact us via email or telephone;
Legitimate Interests. We will process your Personal Data as necessary for our legitimate interests. Our legitimate interests are balanced against your interests and rights and freedoms and we do not process your Personal Data if your interests or rights and freedoms outweigh our legitimate interests. Our legitimate interests are to: facilitate communication between Monroe and you; detect and correct bugs and to improve our Websites; safeguard our IT infrastructure and intellectual property; and detect and prevent fraud and other crime;
As Required by Law. We may also process your Personal Data when we are required or permitted to by law; to comply with government inspections, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.

5. Special Categories of Information

Monroe does not ask you to provide, and we do not knowingly collect, any special categories of Personal Data from you.

6. Automated Decision Making

Monroe does not use your Personal Data with any automated decision making process, including profiling, which may produce a legal effect concerning you or similarly significantly affect you.

7. How We Use Your Information

We use your Personal Data as described in our Privacy Notice.

We will only use your Personal Data to contact you about our products and services that may be of interest to you with your consent, which you provide when you register for our email list. If you wish to withdraw your consent, you may do so at any time by sending us an email at privacy@monroecap.com or by clicking the unsubscribe link contained in such an email that you may receive from us.

8. Disclosure of Your Information

We do not share or otherwise disclose your Personal Data for purposes other than to the entities and for the purposes described in our Privacy Notice.

9. Your Rights Regarding Your Information and Accessing and Correcting Your Information

The GDPR provides you with certain rights with regards to our processing of your Personal Data. These rights replace the similar rights provided in our Privacy Notice or are supplemental to such rights.

Access and Update. You may notify us through the Contact Information below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
You have the right to restrict our processing of your Personal Data under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing but we have retained it as permitted by law.
To the extent the Personal Data you provide Monroe is processed based on your consent and that we process it through automated means, you have the right to request that we provide you a copy of, or access to, all or part of such Personal Data in structured, commonly used and machine-readable format. You also have the right to request that we transmit this Personal Data to another controller, when technically feasible.
Withdrawal of Consent. To the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time by closing your account. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data.
Right to be Forgotten. You have the right to request that we delete all of your Personal Data. We cannot delete your Personal Data except by also deleting your user account, and we will only delete your account when we no longer have a lawful basis for processing your Personal Data or after a final determination that your Personal Data was unlawfully processed. We may not accommodate a request to erase information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Data as set forth in this policy. In addition, we cannot completely delete your Personal Data as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies.
You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.
How You May Exercise Your Rights. You may exercise any of the above rights by contacting us through any of the methods listed under Contact Information below and through the live chat feature of our Websites. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements. Please note that if you make unfounded, repetitive, or excessive requests (as determined in our reasonable discretion) to access your Personal Data, you may be charged a fee subject to a maximum set by applicable law.

10. Consent to Processing of Personal Data in Other Countries Outside the European Economic Area or the United Kingdom

In order to provide our Websites and emails to you, and to respond to your inquiries via email or telephone, we may send and store your Personal Data outside of the EEA or the United Kingdom, including to the United States. Accordingly, your Personal Data may be transferred outside the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Data. Your information may be processed and stored in the United States and United States federal, state, and local governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through the laws of the United States. By using our Websites, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Data outside the country where you reside or are located, including in the United States.

Your Personal Data is transferred by Monroe to another country only if it is required or permitted under the GDPR and provided that there are appropriate safeguards in place to protect your Personal Data. To ensure your Personal Data is treated in accordance with our Privacy Notice and this GDPR Privacy Addendum when we transfer it to a third party, Monroe uses Data Protection Agreements between Monroe and all other recipients of your data that include, where applicable (i.e., when the receiving country has not been deemed “adequate by the European Commission), the standard contractual clauses adopted by the European Commission and/or the Information Commissioner’s Office in the United Kingdom (collectively, the “Standard Contractual Clauses”). The European Commission and the Information Commissioner’s Office in the United Kingdom have determined that the transfer of Personal Data pursuant to the Standard Contractual Clauses provides for an adequate level of protection of your Personal Data, however, the Standard Contractual Clauses may need to be supplemented in some cases with additional measures on a case-by-case basis after an analysis that such supplemental measures can provide you with an essentially equivalent level of protection as afforded in the EEA and/or the UK. When, as a result of this analysis, we believe this to be appropriate and necessary, the Standard Contractual Clauses have been supplemented in this way. Under these Standard Contractual Clauses, you have the same rights as if your Personal Data was not transferred to such third country. You may request a copy of the Data Protection Agreement by contacting us through the Contact Information below.

11. Data Retention Periods

Monroe will retain your Personal Data until you request us to delete your Personal Data (subject to above). After this period, we may retain your Personal Data until you no longer receive our email communications and for a period of 1 year thereafter, or for any of the reasons listed below, whichever is longer:

for as long as necessary to comply with any legal requirement;
on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and
for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.

We will continue to comply with the Privacy Notice and this GDPR Privacy Addendum for as long as we retain any Personal Data.

12. Changes to This GDPR Privacy Addendum

We may change this GDPR Privacy Addendum at any time. It is our policy to post any changes we make to our GDPR Privacy Addendum on this page. If we make material changes to how we treat our users’ Personal Data, we will notify you through a notice on the Websites’ home page. The date this GDPR Privacy Addendum was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites and this GDPR Privacy Addendum to check for any changes.

Your continued use of the Websites following the posting of changes constitutes your acceptance to such changes.

13. Contact Information

If you have any questions, concerns, complaints, or suggestions regarding our Privacy Notice or this GDPR Privacy Addendum, have any requests related to your Personal Data described in the Privacy Notice or this GDPR Privacy Addendum, or otherwise need to contact us, you must contact both us and our representative in the European Union and/or the United Kingdom (as applicable) can do so at the contact information below or through the “Contact” page on our Websites.

To Contact Monroe Capital LLC (Controller)
Monroe Capital LLC
311 South Wacker Drive
Suite 6400
Chicago, Illinois 60606 USA
(312) 258-8300
privacy@monroecap.com