Privacy Policy

Last Updated August 18, 2021

Benefit Street is committed to respecting your privacy.  This Privacy Policy describes how we may collect, use, share and disclose Personal Information we collect on the websites and webpages owned, controlled and/or operated by Benefit Street, including webpages controlled by us on social media sites such as LinkedIn, (together, “Sites”), as well as your rights, where applicable, in respect of such Personal Information.  

This Privacy Policy does not apply to your use of Benefit Street’s financial services, including any investments. Please refer to the separate privacy policy or policies provided to you for further information about our collection and use of Personal Information for such services. 

If you have any questions about this policy or whether it applies to you, please contact us at BSP-info@benefitstreetpartners.com.  

Who We Are
The Information We Collect and Use
How We Collect Information
How We Use Information
When We May Share Information With Others
How We Protect Your Information
How We Transfer Your Information
Retention of Your Information
Children’s Privacy
Updating Your Information
Your Rights in Your Information
Changes to this Policy
How to Contact Us

Who We Are

When we use the term “Benefit Street” or “we,” “us” or “our“, we mean to refer to Benefit Street Partners L.L.C. and its affiliates, including Business Development Corporation of America, Benefit Street Partners Realty Trust, Inc., Benefit Street Partners Realty Trust, Inc., Benefit Street Partners Multifamily, Inc., Broadstone Real Estate Access Fund, and Franklin BSP Capital Corporation.

The Sites may link to third party websites, products or services not owned or controlled by Benefit Street.  Please note that this Privacy Policy does not apply to those third party websites and Benefit Street is not responsible or liable for the data collection practices of any such third parties.

The Information We Collect and Use

When we use the term “Personal Information” we mean information that can be used to identify you directly or indirectly as an individual person or your household, such as your name, contact details or address.  We may collect and use the following categories of Personal Information through your use of our Sites:

  • Identifiers and contact information, such as your name, address, email address, mailing address, telephone numbers, other business or personal contact information, username and password (where necessary for investor accounts), demographic information and investment information;
  • Professional or employment information, such as your job title and place of work;
  • Internet or other electronic network activity information, such as your internet protocol (IP) address, login data, unique device identifiers, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, mobile device carrier and other technology on the devices you use to access our Sites; as well as usage information, such as information about how you use our Sites and our products and services, referring/exit web pages, date/time stamps, error logs, and the frequency of your use of our Sites; 
  • Marketing and communications information, such as your preferences in receiving marketing communications from us; and
  • Any other Personal Information you choose to voluntarily provide to us or publish publically on social media biographies or profiles, including when communicating or corresponding with us, or (where applicable) posting content on the Sites.

Some of this Personal Information is collected and used so we can perform or take steps at your request prior to entering into a contract with you, some for the purpose of legal compliance and some for the purposes of our legitimate business interests (including to carry out and improve our business, analyze and improve the use of our Sites and services and support our staff and clients).

We also collect, use and share aggregated information such as statistical or demographic data for any purpose. This information could be derived from your Personal Information but will not directly or indirectly reveal your identity. For example, we may aggregate your usage information to calculate the percentage of users accessing a specific Site feature. However, if we combine or connect information with your Personal Information so that it can directly or indirectly identify you, we treat the combined information as Personal Information which will be used in accordance with this Privacy Policy.

Investor Accounts

Please note that if you access your investor account through the Sites, then you leave our Sites and navigate to a third party website that we do not own or control. In order to set up an investor account, we may have provided the third party website operator with certain account details necessary to administer your account (for example, name, job title and company name, email and physical address, phone number, username, password, demographic or investment information) that you submitted to us separately from your use of the Sites. This Privacy Policy does not apply to, and we are not responsible for, the practices of the third party that administers your investor account. Please refer to the privacy policy on the third party website to understand what information they may collect and how it is used.

How We Collect Information

We collect Personal Information from you in a number of ways, including via:

  1. Personal Information You Provide To Us 
  • Forms you complete (or which are completed by your authorized representatives on your behalf) on our Sites or otherwise; 
  • Content and posts you publish on the Sites (where such functionality is available) and via any associated biographies or profiles associated with such content and posts; and
  • Your correspondence and interactions with us, including by letter, email and telephone.

We collect personal information when you choose to share that information with us. For example, if you submit identifiable comments or other content to us, we collect whatever information you supply and use this information to communicate with you if requested, and otherwise fulfill the purpose of the content submission. 

Where you provide Personal Information on behalf of other individuals, you are responsible for notifying those individuals that you have provided their Personal Information to us and directing them to this Privacy Policy so they understand how we will process their Personal Information.

  1. Information Collected From Third Parties And Service Providers

We may collect Personal Information about you from third parties and service providers, such as business partners, vendors, or from publicly available information. The conditions under which we may obtain such information are governed by the third party source.

  1. Information Collected Automatically

We use various technologies to collect other types of data that generally do not directly reveal your identity (“Other Information”), including with your consent where required by applicable law.  If we associate Other Information with Personal Information or Other Information otherwise constitutes Personal Information under applicable data protection law(s), we will treat the combined information as Personal Information in accordance with this Privacy Policy. 

  • Logging Functionality: We may gather certain information automatically and store it in log files.  This information may include IP addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp and/or clickstream data.  We generally only use this data for purposes such as security, fraud detection, and protecting our rights.
  • Cookies and Other Data Collection Technologies: We and our service providers may use cookies, scripts, and similar technologies to manage our websites and to collect information about you and your use of our Sites.  These technologies help us to recognize you, customize or personalize your experience and analyze the use of our Sites to make them more useful to you.  These technologies may also allow us to aggregate demographic and statistical data and provide this information to our service providers to facilitate their provision of services.  Most Internet browsers allow you to remove or manage cookie functions and adjust your privacy and security preferences.  For information on how to do this, access the “help” menu on your Internet browser, or visit http://www.aboutcookies.org/how-to-control-cookies.  Please note, however, that disabling our cookies may result in your inability to take full advantage of all of the features of our Sites. 
  • Analytics:  We may use analytics providers such as Google Analytics to help us evaluate the Sites.  To opt out of the aggregation and analysis of data collected about you on our website by Google Analytics, visit https://tools.google.com/dlpage/gaoptout and download and install the Google Analytics Opt-out Browser Add-on.

[For further information about the cookies and other similar tracking technologies we use to collect Other Information, please see our Cookie Policy.] 

How We Use Information

We will only use your Personal Information when and how the law allows us to. In addition to the uses described above, any of the Personal Information we collect about you may be used in one of the following ways: 

  • Where the processing is necessary for us to enter into or to perform a contract with you, or to take steps at your request prior to entering into a contract – for example, to provide information you have requested, to respond to your questions, to set up and administer investor accounts and provide user support;
  • Where necessary for the purposes of Benefit Street’s legitimate interests, including to: operate, administer and facilitate our business and services; improve our Sites; operate, manage and secure certain Site functionality; authenticate users; monitor social media content on the Sites to manage relations with our current and prospective clients and others, respond to inquiries, respond to enquiries, and promote our business and brand; communicate with you (including about programs, products, or services that we believe may be of interest to you, new product or service announcements or event invitations, and respond to your requests, inquiries or complaints); undertake business management, planning, statistical analysis, market research and marketing activities; administer and maintain Benefit Street’s core records; protect Benefit Street’s rights and interests; ensure the security of Benefit Street’s assets, systems and networks; prevent, detect, investigate and provide notice of fraud, unlawful or criminal activities in relation to our services or unauthorized access to or use of Personal Information, our website or data systems; enforce our Terms & Conditions of Use and other agreements; and for other legitimate purposes as permitted by applicable law; 
  • Where required by applicable laws and regulations, including laws relating to know-your-client requirements, tax, the prevention of money laundering, fraud, terrorist financing and sanctions; and
  • Where the processing is necessary for the establishment, exercise or defense of legal claims.

Where we need to collect Personal Information by law, or under the terms of a contract we have with you and you fail to provide that information when requested, we may not be able to perform the contract we have entered (or are trying to enter) into with you. In such cases, we may be unable to provide the services you have requested.

In some circumstances, we may also process your Personal Information where we have received your consent to do so for specific purposes. For example, depending where you are located, in order to send you marketing materials or to place cookies or similar tracking technologies on your devices. Where processing is based on your consent, you have the right to withdraw that consent at any time.

Should we wish to use Personal Information for other specific purposes (including, if applicable, any purpose that requires your consent), we will contact you. We will not use Personal Information for any purposes inconsistent with this Policy (and the other privacy notices or policies provided to you or otherwise made available by us from time to time) without your permission.

When We May Share Information With Others

We do not sell Personal Information obtained about you to any third parties and have not done so in the twelve (12) months preceding the effective date of this Privacy Policy.

We do not disclose your Personal Information to anyone other than as described in this Privacy Policy, as required by applicable law or regulation or unless we have your consent to do so. This means we may share your Personal Information in the following ways:    

  • Service Providers:  We share your Personal Information with third party service providers (including financial, technical, marketing and professional service providers and consultants) who perform services on our behalf or for your benefit, such as web hosting or verifying user data and financial institutions that provide services to Benefit Street.
  • Affiliates:  We may share your information with affiliated legal entities within our family of companies for purposes and uses that are consistent with this Privacy Policy.  
  • Legal Process, Safety and Terms Enforcement:  We may disclose your Personal Information to legal or government regulatory authorities in response to their requests for such information or to assist in investigations.  We may also disclose your Personal Information to third parties in connection with claims, disputes or litigation, when otherwise required by law, or if we determine its disclosure is necessary to protect the health and safety of you or us, or to enforce our legal rights or contractual commitments that you have made.  
  • Business Transfers: Your Personal Information may be disclosed as part of a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets, including bankruptcy proceedings, and could be transferred to a third party as one of the business assets in such a transaction. It may also be disclosed in the event of insolvency, bankruptcy or receivership.  You will be notified via email and/or a prominent notice on any affected website of any change in ownership or uses of Personal Information, as well as any choices you may have regarding Personal Information about you.

We may disclose for a business purpose and have disclosed in the preceding twelve (12) months, Personal Information, including contact information, employment information and identification information to third parties, as listed above.

How We Protect Your Information

We are committed to maintaining the confidentiality, integrity and security of your Personal Information and take precautions to protect such information. These precautions include the adoption of certain physical, electronic, and procedural safeguards and procedures designed to maintain and secure your Personal Information from inappropriate disclosure in accordance with applicable laws and regulations. 

Our policies require that access to Personal Information be restricted to those employees and agents of Benefit Street who need to know that information in order to provide Benefit Street’s services. We may disclose such information to our service providers and financial institutions, we require such third party service providers and financial institutions to protect the confidentiality of your Personal Information and to use the information only for purposes for which it is disclosed to them.

Unfortunately, the transmission of information via the Internet is not completely secure and, although we will take steps to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted via the Sites; any transmission is therefore at your own risk.

Where you have chosen a password, which allows you to access certain parts of the Sites, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.

How We Transfer Your Information

Because the Internet and our operations are global, the Personal Information that we collect or that you submit may be transferred to, processed in, and held by Benefit Street or its third party service providers in countries (including the United States) other than the one in which you reside. The European Union and United Kingdom do not consider the United States and many other countries to provide essentially equivalent privacy protections. Such transfers are a necessary part of the services that we provide.

When we transfer Personal Information internationally, and to the extent required by applicable data protection laws, we rely on appropriate or suitable safeguards, including:

  • Where the relevant country or recipient has been deemed to provide an adequate level of protection for your personal information by relevant authorities;
  • Using standard contractual clauses approved by relevant authorities as ensuring adequate safeguards;
  • Obtaining your consent to transfer personal information after first informing you about the possible risks of such a transfer;
  • Transferring the personal information because it is necessary for the performance of (or to enter into) a contract between you and Benefit Street, or because the transfer is necessary for the performance of a contract between Benefit Street and a third party, and the contract was entered into in your interest; and
  • Transferring the personal information because it is necessary to establish, exercise or defend legal claims.

By submitting your Personal Information to us, you acknowledge this may involve the transfer, storing or processing of your Personal Information. For more information on the safeguards we have in place, please contact us using the details below.

Retention of Your Information

We will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy, or as long as we are legally required or permitted to do so. Under certain circumstances, you may have the right to have your personal information erased.

When deciding how long to retain your Personal Information, we take into account our legal and regulatory obligations, the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information described above and whether we can achieve those purposes through other means. We may also retain your Personal Information to investigate or defend against potential legal claims in accordance with the limitation periods of countries where legal action may be brought.

Children’s Privacy

The Sites are not directed toward children under the age of 13. We do not promote our products or services online to minors, and we do not intentionally collect any Personal Information from any person under 13. If we become aware of having collected Personal Information from children under the age of 13 without valid consent from their respective parents or guardians, we will delete it as soon as practicable.

Updating Your Information

We will make reasonable efforts to ensure that all Personal Information that we hold about you is accurate, complete and up to date. You can help in this regard by promptly notifying us using the details listed below if there are any significant changes to your Personal Information (such as a change of name, address or contact details).

Your Rights in Your Information

We are committed to providing individuals with reasonable and appropriate access to their Personal Information. If you believe that we are processing Personal Information about you and wish to have access to that information, we can provide you with that information or at least an explanation of why we cannot do so in the particular context, such as where the request is manifestly unfounded or excessive. We are happy to correct inaccurate data or delete information that is not appropriate to retain. 

Individuals in Andorra, Argentina, Australia, California, Canada, Europe, Faroe Islands, Guernsey, Hong Kong, Israel, Isle of Man, Japan, Jersey, Mexico, New Zealand, Singapore, South Korea, Switzerland, the United Kingdom, Uruguay, and certain other jurisdictions may have certain data subject rights. These rights vary, but they may include the right to: (i) request access to and rectification or erasure of their Personal Information; (ii) restrict or object to the processing of their Personal Information; (iii) obtain a copy of their Personal Information in a portable format; and (iv) object to certain Personal Information processing activities. Individuals may also have the right to lodge a complaint about the processing of Personal Information with a data protection or supervisory authority. We are always open to dialogue to resolve issues short of formal disputes. If your concerns cannot be resolved, we can enter into appropriate third-party neutral dispute resolution. If you need to reach us about a privacy or data protection issue, please contact us using the details below. 

If you wish to exercise any of these rights, please email or call us using the contact details below. We will not discriminate against you based on the exercise of your privacy rights. However, the rights described herein are not absolute and we reserve all of our rights available to us at law in this regard. Additionally, if we retain your personal information only in de-identified form, we will not attempt to re-identify your data in response to a request for access to your Personal Information.

You will not usually have to pay a fee to access your Personal Information (or to exercise any of the other rights above, where applicable). However, in accordance with applicable data protection laws, we reserve the right to charge a reasonable fee where permitted by law, including if your request is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances. 

If you make a request related to Personal Information about you, we will need to verify your identity. To do so, we will request that you match specific pieces of information you have provided us previously, as well as, in some instances, provide a signed declaration under penalty of perjury that you are the individual whose Personal Information is the subject of the request. If it is necessary to collect additional information from you, we will use the information only for verification purposes and will delete it as soon as practicable after complying with the request. For requests related to particularly sensitive information, we may require additional proof of identification. If you make a request through an authorized agent, we will require written proof that the agent is authorized to act on your behalf. We will process your request within the time provided by applicable law.

Changes to this Policy

This Privacy Policy is subject to occasional revision, without prior notice, so please review it frequently. If we make any material changes in the way we use your Personal Information, we will notify you by prominently posting notice of the changes on the Sites and updating the effective date above. 

How to Contact Us

If you have any questions or comments about this Privacy Policy or other privacy-related matters, you may contact us in the following ways:

Mailing Address:
9 West 57th Street
Suite 4920
New York, NY 10019

Email Address: BSP-info@benefitstreetpartners.com
Phone Number: 212-588-6770