INFORMATION WE COLLECT
We may collect and process information that identifies you or can be used to identify or contact you, (e.g. your name, e-mail address, business address, phone number or other identifiers ("Personal Data"). We request Personal Data from you when you register on any of our Properties. In addition to information collected during registration, we may collect Personal Data that you voluntarily provide, for example, in e-mails to our Properties, online order and registration forms and surveys.
You do not have to provide us with any Personal Data to visit our Properties. If you choose to withhold requested information, however, you may not be able to use all of the features of our Properties.
In addition to Personal Data, we may collect and/or track information that by itself cannot be used to identify or contact you, (e.g. demographic information (like age, profession or gender), domain names, certain IP addresses, computer type, browser types, and other anonymous statistical data involving the use of our Properties ("Nonpersonal Data").
We use Nonpersonal Data to help us understand who uses our Properties and to improve and market our Properties.
In addition to the non Nonpersonal Data highlighted above, we may collect certain information about your computer, including, where available, your IP address or other unique identifiers from your device. This information is collected for system administration (for example to enable identification and log-on for certain services), but also to understand more generally about the way users interact with our services. In certain cases, these IP addresses may amount to Personal Data or, when used in combination with other data which we hold, may enable us to identify you. This statistical information is not shared other than with our Affiliates in order to inform internal planning purposes. Once aggregated, this becomes generic Nonpersonal Data about our users' browsing actions and patterns, and does not identify any individual.
Cookies and other Tracking Tools
When you visit a Property, we may recognize you by a Tracking Tool and customize your 3use of that particular Property accordingly (e.g. once you have registered, a cookie will be used to avoid asking you to register again). The information obtained from using these technologies is not sold or otherwise made available to third parties except in accordance with this policy.
The cookies we use are referred to as session or persistent cookies, depending on how long they are used:
Session cookies only last for your online session and disappear from your computer or device when you close your browser.
Persistent cookies stay on your computer or device after the browser has been closed and last for the period of time specified in the cookie. These persistent cookies are activated each time you visit the Property where the cookie was generated.
When you use our Properties and services, the following 3 categories of cookies may be set on your device:
A. 'Strictly necessary' cookies
These cookies are essential in helping you to move around our Web sites and use their features, such as accessing secure areas of our Properties. Without these cookies, some services cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you've been on the internet.
Some examples of these strictly necessary cookies include:
B. Functional cookies
These functional cookies allow Web sites and applications to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal or secure features or to ensure the technology on our Properties is performing effectively. The information these cookies collect is usually anonymous which means we cannot identify you personally but sometimes they are used to cross-reference other information we hold so that we can provide you access to the services that you subscribe to or to tailor our online services specifically to you. They do not gather any information about you that could be used for selling advertising or remembering where you've been on the Internet outside of the Properties.
Some examples of these functional cookies include:
C. Analytics cookies
In order to keep our Properties and services relevant, easy to use and up-to-date, we use web analytics services provided by our trust third party technology partners to help us understand how people use them. For example, we can see which parts of the Properties and services are most popular, identify when errors occur, and test different versions of a page or feature to see which one works best.
Some examples of these analytical cookies include:
*Tracking Tools are placed on your device by third parties trusted by us to provide certain analytics services. The Tracking Tools are then used by these trusted technology partners to support their tools and systems and additionally their services may be used by us to help us understand the general performance of our Properties.
You can reset your Web browser to refuse certain types of Tracking Tools or to indicate when a Tracking Tool is being sent. However, certain features of the services may not work if you delete or disable Tracking Tools. Additionally, you have the ability to accept or to decline cookies from our Properties and other third party Web sites by modifying the settings in your browser. You may, however, not be able to use or access all of the interactive features of the relevant Property if cookies are disabled.
Additionally, if you have a Flash player installed on your computer, your Flash player can be set to reject or delete Flash cookies. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Properties or certain areas or features of the Properties.
For further information on cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit http://www.allaboutcookies.org.
HOW WE USE INFORMATION AND WHEN WE MAY SHARE AND DISCLOSE INFORMATION GENERALLY
We use Personal Data that we collect solely for our internal use, including for statistical analysis of users' behavior, for product development, for content improvement or to customize the content and layout of our Properties. We may, in our sole discretion, use Personal Data to contact you regarding (i) your account status and changes to the subscriber agreement, (ii) this Policy, (iii) any other policies, agreements or transactions relevant to your use of the Properties and (iv) in accordance with applicable laws, marketing to you products and services which we believe may be of interest to you.
From time to time, we may establish a business relationship with other businesses whom we believe trustworthy and who have confirmed that their privacy practices are consistent with ours ("Third-Party Providers"). For example, we may contract with Third-Party Providers to provide certain services, such as hosting and maintenance, data storage and management and marketing and promotions. We provide our Third-Party Providers with the information necessary for them to perform these services on our behalf. Each service Provider must agree to use reasonable security procedures and practices appropriate to the nature of the information involved in order to protect your Personal Data from unauthorized access, use or disclosure.
Nonpersonal Data, including for example data gathered by Google, Coremetrics, Akamai and Brightcove cookies, may also be used for internal or external purposes such as researching and identifying market segments and needs and assessing the performance of our Properties. In some instances, for example in the case of our use of analytics services provided by trusted third party suppliers where we share certain aggregated data and information with these third parties in order for them to provide us with information about the way our Properties are used or navigated or to classify aggregated segments or types of users. In other circumstances this sharing takes place in order to technically enhance or support the services provided by our Properties (for example to speed-up download speeds or facilitate site functionality such as video playback).
OTHER DISCLOSURES OF PERSONAL DATA TO THIRD-PARTY PROVIDERS
We may share and disclose your Personal Data and Nonpersonal Data with businesses controlling, controlled by, or under common control with us.
We may also share and disclose your Personal Data and Nonpersonal Data:
PROCESSING AND STORAGE OF DATA IN THE UNITED STATES
Please be aware that your Personal Data and communications may be transferred to and maintained on servers or databases located outside your state, province, or country.
If you are located outside of the United States, please be advised that the laws in the United States may not be as protective of your privacy as those in your location. By using our Properties you agree that the collection, use, transfer, and disclosure of your Personal Data and communications will be governed by the applicable laws in the United States.
Each Property may contain links to Web sites and other interactive properties of third parties. We are not responsible for the collection and use of your information by these third parties, which will be governed by their data collection policies. We do not endorse, and are not responsible for, the privacy practices or the content of these properties. Please check these policies before you submit any Personal Data to these Web sites.
We have established reasonable precautions to protect collected Personal Data from loss, misuse, unauthorized access, disclosure, alteration or destruction, which include contractual, administrative, physical, and technical steps. Technical measures include use of firewall protection and encryption technology where appropriate. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Properties or services, we cannot and do not guarantee the security of any information you transmit on or through the Properties or services, and you do so at your own risk.
CONTACT INFORMATION FOR FITCH RATINGS
The Data Controller for this Property is Fitch Ratings, Inc.
Fitch Ratings, Inc.
33 Whitehall Street
New York, NY 10004
If you are based in the European Union, you have the right to ask us not to process your Personal Data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your Personal Data for such purposes or if we intend to disclose your information to any Third-Party Providers for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org.
ACCESS TO INFORMATION
If you are based in the European Union, your local laws give you the right to access information held about you. Your right of access can be exercised in accordance with the relevant local legislation. Any access request may be subject to a limited administration fee (up to any limit imposed by local law) to meet our costs in providing you with details of the information we hold about you.
Effective Date: July 28, 2013
Use of the Properties constitutes the user's agreement to abide by the following terms and conditions:
The information (including, but not limited to: ratings, research and models) provided by FS on these Properties is owned by or licensed to FS (the "Fitch Information").
EXCEPT AS OTHERWISE PROVIDED PURSUANT TO AN AGREEMENT, NONE OF THE FITCH INFORMATION MAY BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER TRANSMITTED, TRANSFERRED, DISSEMINATED, REDISTRIBUTED OR RESOLD, OR STORED FOR SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY FORM OR MANNER OR BY ANY MEANS WHATSOEVER, BY ANY PERSON WITHOUT FITCH'S PRIOR WRITTEN CONSENT.
In issuing and maintaining its ratings, Fitch relies on factual information it receives from issuers and underwriters and from other sources Fitch believes to be credible. Fitch conducts a reasonable investigation of the factual information relied upon by it in accordance with its ratings methodology, and obtains reasonable verification of that information from independent sources, to the extent such sources are available for a given security or in a given jurisdiction.
The manner of Fitch's factual investigation and the scope of the third-party verification it obtains will vary depending on the nature of the rated security and its issuer, the requirements and practices in the jurisdiction in which the rated security is offered and sold and/or the issuer is located, the availability and nature of relevant public information, access to the management of the issuer and its advisers, the availability of pre-existing third-party verifications such as audit reports, agreed-upon procedures letters, appraisals, actuarial reports, engineering reports, legal opinions and other reports provided by third parties, the availability of independent and competent third-party verification sources with respect to the particular security or in the particular jurisdiction of the issuer, and a variety of other factors.
Users of Fitch's ratings should understand that neither an enhanced factual investigation nor any third-party verification can ensure that all of the information Fitch relies on in connection with a rating will be accurate and complete. Ultimately, the issuer and its advisers are responsible for the accuracy of the information they provide to Fitch and to the market in offering documents and other reports. In issuing its ratings Fitch must rely on the work of experts, including independent auditors with respect to financial statements and attorneys with respect to legal and tax matters. Further, ratings are inherently forward-looking and embody assumptions and predictions about future events that by their nature cannot be verified as facts. As a result, despite any verification of current facts, ratings can be affected by future events or conditions that were not anticipated at the time a rating was issued or affirmed.
Fitch seeks to continuously improve its ratings criteria and methodologies, and periodically updates the descriptions of its criteria and methodologies for securities of a given type on the Properties. The criteria and methodology used to determine a rating action are those in effect at the time the rating action is taken, which is the date of the related rating action commentary. Each rating action commentary provides information about the criteria and methodology used to arrive at the stated rating, which may differ from the general criteria and methodology for the applicable security type posted on this site at a given time. For this reason, you should always consult the applicable rating action commentary for the most accurate information on the basis of any given rating.
CUSIP Database Representations. (a) You agree and acknowledge that the CUSIP Database is and shall remain valuable intellectual property owned by, or licensed to, Standard & Poor's CUSIP Service Bureau ("CSB") and the American Bankers Association ("ABA"), and that no proprietary rights are being transferred to you in such materials or in any of the information contained therein. You agree that misappropriation or misuse of such materials will cause serious damage to CSB and ABA and that in such event money damages may not constitute sufficient compensation to CSB and ABA; consequently, you agree that in the event of any misappropriation or misuse, CSB and ABA shall have the right to obtain injunctive relief. (b) You agree that you shall not publish or distribute in any medium the CUSIP Database or any information contained therein or summaries or subsets thereof to any person or entity except in connection with the normal internal processing of security transactions. You further agree that the use of CUSIP numbers and descriptions is not intended to create or maintain, and does not serve the purpose of the creation or maintenance of, a file of CUSIP descriptions or numbers for any other third party recipient of such service and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER TAPE, PRINT, ELECTRONIC and/or CD-ROM SERVICES. (c) NEITHER CSB, ABA NOR ANY OF THEIR AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THE CUSIP DATABASE. ALL SUCH MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SUCH MATERIALS. NEITHER CSB, ABA NOR THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF CSB, ABA OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE FEE PAID BY YOU FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. FURTHERMORE, CSB AND ABA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND ITS CONTROL. (d) You agree that the foregoing terms and conditions shall survive any termination of its right of access to the materials identified above.
EXCEPT AS OTHERWISE PROVIDED PURSUANT TO AN AGREEMENT, THE INFORMATION PROVIDED ON EACH PROPERTY IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND FITCH MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH INFORMATION. Under no circumstances shall Fitch have any liability to any person or entity for (a) any loss or damage in whole or in part caused by, resulting from, or relating to, any error or other circumstance or contingency within or outside the control of Fitch or any of its directors, officers, employees or agents in connection with the procurement, collection, compilation, analysis, interpretation, editing, transcription, transmission, communication, publication or delivery of any such information, or (b) any direct, indirect, special, consequential, compensatory, or incidental damages whatsoever (including without limitation, lost profits) with respect to the foregoing.
Each user of a Property acknowledges that a Fitch rating is an opinion as to the creditworthiness of a security. This opinion is based on established criteria and methodologies that Fitch is continuously evaluating and updating. Therefore, ratings are the collective work product of Fitch and no individual, or group of individuals, is solely responsible for a rating. The rating does not address the risk of loss due to risks other than credit risk, unless such risk is specifically mentioned. Fitch is not engaged in the offer or sale of any security. All Fitch reports have shared authorship. Individuals identified in a Fitch report were involved in, but are not solely responsible for, the opinions stated therein. The individuals are named for contact purposes only. A report providing a Fitch rating is neither a prospectus nor a substitute for the information assembled, verified and presented to investors by the issuer and its agents in connection with the sale of the securities. Ratings may be changed or withdrawn at any time for any reason in the sole discretion of Fitch. Fitch does not provide investment advice of any sort. Fitch is not responsible for any underwriting, credit, loan, purchase, strategic or investment decision. In issuing and/or maintaining a rating, Fitch is not making any recommendation or suggestion, directly or indirectly to you, or any other person, to buy, sell, make or hold any investment, loan or security or to undertake any investment strategy with respect to any investment, loan or security of any issuer. Ratings do not comment on the adequacy of market price, the suitability of any investment, loan or security for a particular investor (including, without limitation, any accounting and/or regulatory treatment), or the tax-exempt nature or taxability of payments made in respect to any investment, loan or security. ANY PERSON OR ENTITY WHO USES A RATING DOES SO ENTIRELY AT HIS, HER OR ITS OWN RISK. SHOULD ANY SUCH PERSON OR ENTITY BE ENTITLED TO RECOVER DAMAGES FROM FITCH UNDER ANY LEGAL THEORY, SUCH PERSON OR ENTITY AGREES, TO THE EXTENT PERMITTED BY LAW, THAT THE TOTAL LIABILITY OF FITCH IN CONNECTION WITH SUCH RATING IS LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE PROVEN UP TO AN AMOUNT NOT TO EXCEED THREE TIMES THE NET FEES RECEIVED BY FITCH WITH RESPECT TO SUCH RATING. Fitch receives fees from issuers, insurers, guarantors, other obligors, and underwriters for rating securities. Such fees generally vary from US$1,000 to US$750,000 (or the applicable currency equivalent) per issue. In certain cases, Fitch will rate all or a number of issues issued by a particular issuer, or insured or guaranteed by a particular insurer or guarantor, for a single annual fee. Such fees are expected to vary from US$10,000 to US$1,500,000 (or the applicable currency equivalent). The assignment, publication, or dissemination of a rating by Fitch shall not constitute consent by Fitch to use its name as an expert in connection with any registration statement filed under the United States securities laws, the Financial Services and Markets Act of 2000 of Great Britain, or the securities laws of any particular jurisdiction. Due to the relative efficiency of electronic publishing and distribution, Fitch research may be available to electronic subscribers up to three days earlier than to print subscribers. Users may, through hypertext or other computer links, gain access to third party sites on the World Wide Web which contain information that is not part of the Fitch. Information or users of third party sites may, through hypertext or other computer links, gain access to this Fitch Property. The appearance of a Fitch hyperlink on a third party site does not mean that Fitch consented to such hyperlink. Users and third parties are prohibited from establishing hyperlinks to or away from this Property, unless Fitch provides prior written consent (which it may or may not provide in its sole discretion). The user agrees that regardless of whether a hyperlink to or from a third party website exists, Fitch is not responsible for the content of any third party websites either those third party sites accessed from a Property or those third party sites used to access this Property and Fitch shall have no liability to any person or entity therefore. Moreover, the user agrees (a) to hold Fitch harmless for the use of third party software on a Fitch Property and (b) that Fitch shall have no liability whatsoever to any person or entity for the accuracy and/or completeness of any outcome resulting from the use of such software.