Information We Collect

Information That is Not Personal Information

• Publicly available information that is lawfully made available from federal, state, or local government records 
• Consumer information that has been de-identified or aggregated 
• Information that is excluded from coverage under CCPA, including:
  • Medical or health information governed by the California Confidentiality of Medical Information Act or clinical trial data and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and;
  • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, the California Financial Information Privacy Act, and the Driver’s Privacy Protection Act of 1994.  Most of the information collected in connection with your application for a loan, the processing and underwriting of that loan, and the servicing of that loan, is covered by these exceptions. 

Sources From Which We Collect Personal Information 

• Directly from you. For example, from loan applications you complete or other services you purchase from us.
• Indirectly from you. For example, from observing your actions on our website or from information your computer or mobile device transmits when interacting with our computer system, website, or mobile applications, among other things. 
• From our parent entities, affiliates, subsidiaries and partners;
• From third parties that are authorized to share your information with us, such as intermediaries, broker dealers, our institutional clients and service providers; and
• From publicly available sources of information.

Use of Personal Information

• To complete the transaction, or provide the product or service, for which we collected the personal information, and to fulfil or meet the obligations associated with the transaction, product and service.
• To comply with our anti-money laundering obligations under applicable laws. We will process certain personal information about you (or use a third party such to do so) to permit us to meet legal obligations or to pursue our interests in relation to, the prevention of fraud, money laundering, terrorist financing, sanctions-prohibited actions, bribery, corruption, and/or tax evasion, on an on-going basis. 
• To investigate and prevent fraud; to detect, prevent, investigate and prosecute crime; and to enforce or defend our rights.
• To carry out statistical analysis and market research. 
• To provide you with information about products and services we offer that may be of interest to you.
• To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity.
• To perform debugging in order to identify and repair errors that impair existing intended functionality.
• To undertake internal research for technological development and demonstration.
• To undertake activities to verify, maintain, improve, upgrade, or enhance the quality or safety of our services

Sharing Personal Information

• Parent entities, affiliates and subsidiaries;
• Service providers.
• Governmental agencies when required by applicable law, such as the Internal Revenue Service, or when necessary to complete your transactions, such as with recorders’ offices.
• Data aggregators.

• Identifiers.
• California Customer Records personal information categories.
• Commercial information.
• Internet or other similar network activity.

• Service providers.

Your Rights and Choices

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting that personal information.
• The categories of third parties with whom we shared that personal information.
• The personal information we collected about you.
• If we disclosed your personal information for a business purpose, the categories of personal information that we disclosed

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contractual obligations.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising your Access and Deletion Rights

• Calling us at: 1-(833)-496-0298 
• Emailing us at: compliance@amherst.com
• Visiting: amherstcapital.com 

• Provide sufficient information that allows us to reasonably verify you are the person as to whom we collected personal information or an authorized representative.
• 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 the personal information relates to you.

Non-Discrimination 

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Other California Privacy Rights

Changes to Our Privacy Notice

Contact Information

Click Here For California Privacy Policy

Commitment to Privacy

At Amherst Capital Management LLC ("Amherst Capital"), we take the issue of privacy very seriously. We want to assure visitors to our web site of the security, privacy and confidentially that they expect from a premier financial services institution.

Information Collected

General

Amherst Capital does not collect any personal information from anyone who is merely visiting or browsing our web site. Personal information may be collected if the visitor chooses to send Amherst Capital an e-mail message.

E-Mail and Product Inquiry

Visitors of our web site are encouraged to send e-mail messages to us so that we may respond to inquiries regarding Amherst Capital and our products or services. Amherst Capital retains copies of these e-mail messages. The information provided by a visitor will only be used to respond to the visitor's inquiry and to provide better customer service.

Important Notice for Amherst Capital Clients

Please be advised that Amherst Capital will never contact you by e-mail to request or confirm personal account information or any other type of sensitive information. If you do receive an e-mail that asks you to provide or confirm sensitive information (such as passwords or sign-on IDs) or personal information (such as social security numbers, credit card numbers or personal bank account numbers), please assume that the request is fraudulent. Some e-mails, links or websites may even include an Amherst Capital logo or resemble existing Amherst Capital internet sign-on pages. Despite the graphics, you should continue to assume that the request is fraudulent because Amherst Capital will never contact you by e-mail to request or confirm personal or sensitive account information. If you receive e-mail requests to visit a website or to submit personal information, consider them fraudulent and notify Amherst Capital immediately. We strongly recommend that you do not visit the site, submit your personal information via the site or e-mail, or respond in any way.

Use of Information Collected

Amherst Capital uses the information collected from visitors to our web site to address the specific needs of those visitors and to provide better customer service, including the provision of the latest information regarding financial products and services offered. The information collected also is used to provide a record of communications between Amherst Capital and our web site visitors and to comply with any applicable legal and/or regulatory requirements.

Access to Information Collected

Employees

Certain of the employees of Amherst Capital will be provided with a visitor's information in order to respond to that visitor's needs and provide the visitor with information regarding specific products or services in which the visitor may have an interest. Amherst Capital employees are instructed to use care in handling the personal, confidential information of Amherst Capital customers, and the guidelines regarding the handling of such information are discussed in our code of conduct. Amherst Capital employees who do not conform to Amherst Capital's confidentiality rules are subject to disciplinary sanctions that include dismissal.

Amherst Capital Affiliates

Amherst Capital Management LLC is a majority-owned subsidiary of Amherst Holdings, LLC ("Amherst Holdings"). BNY Mellon and its subsidiaries, such as the other members of the Bank of New York Mellon Asset Management ("BNY MAM") group, along with nonrelated service providers that assist Amherst Capital in meeting the needs of its customers, may receive personal information collected from a web site visitor. Such information will be disclosed only in an effort to respond to the visitor's needs and provide information to the visitor about other financial products and services offered. The personal information is treated with the same standards of confidentiality that Amherst Capital itself uses, as the employees of Amherst Capital affiliates are subject to Amherst's information security policy, and Amherst's non related service providers are legally bound to employ strict standards of confidentiality.

Third Parties

Amherst Capital does not transmit any personal information collected through its web site to any third-parties. Personal information may be transmitted, however, if there is a specific need to complete a transaction requested by the visitor.

Information Collected from Representatives of Institutional Clients

If you work for one of our institutional (business) clients, we may obtain from you or your firm your business contact information, such as your name, title, office address, business phone number and email address. We may use this information for the purpose of conducting business with your firm, managing our relationship with your firm, and advising your firm of products and services that we believe might be of interest. We may (i) share this information with affiliated companies within the Amherst corporate enterprise, (ii) disclose it to service providers that we use to process the information and that have agreed to confidentiality restrictions, and (iii) export this information to the United States and other jurisdictions where we, or our service providers, do business. We may also disclose this information as required by law.

Use Of Cookies And Similar Technologies

We use cookies, web beacons and similar technologies (called "Cookies" in this policy) to store information, enhance your browsing experience and improve the functionality of our websites and web-based applications (called "Websites" in this policy).

You should be aware that disabling Cookies may affect the appearance of our websites on your device and limit your browsing experience (including preventing access to any secure areas of our websites where relevant).

What Is A Cookie?

A Cookie is a small file placed on your device when you visit certain websites.

"Session" Cookies are temporary and will expire at the end of a browser session; that is, when you leave a website. Session Cookies allow a website to recognize you and carry information as you navigate between pages during a single browser session and allow you to use the website most efficiently.

"Persistent Cookies", in contrast, remain in the Cookie file of your browser even after you leave a website and after the browser is closed. They enable a website to recognize you on your return, remember your preferences and provide tailored services to you.

For more information about Cookies, how they work, why they are so useful and how to disable them, please visit www.allaboutcookies.org

How Amherst Capital Uses Cookies?

Amherst Capital uses both session and persistent Cookies in the following ways:

• Remembering your preferences, including your preferred language and country, or products and services of interest to you.
• Enabling us to provide the services you requested on our websites, including (where relevant to secure areas of our websites) by identifying and authenticating you.
• Where relevant to secure areas of our websites, remembering your user ID so that you do not have to input it every time you visit our websites.
• Measuring your use of our websites so that we can improve them, enhancing your overall experience.
• Measuring the effectiveness of our newsletters and advertising campaigns (we may use Cookies from third parties to help us do this) and determining whether newsletters have been opened and acted upon.
• To allow you to share certain information on our websites via social media bookmarking buttons (Cookies from third parties may be used to do this).

Some of our Cookies may collect and store your personal information. We are committed to respecting and protecting your privacy and will ensure that all personal information collected by us is kept and treated in accordance with our privacy policy.

Managing Cookies

Most browsers are initially set to accept Cookies. However, you have the ability to change your internet browser settings. It may also be possible to configure your browser settings to enable acceptance of specific Cookies or to notify you each time a new Cookie is about to be stored on your device enabling you to decide whether to accept or reject the Cookie. You can also disable Cookies by configuring your browser setting to reject Cookies. Please refer to the help section of your browser for instructions on disabling Cookies.

If you do not wish to accept Cookies from this Website please either disable them or refrain from using this Website. If Cookies are disabled, it may mean that you experience reduced functionality or will be prevented from using some or all of this Website.

Third Party Sites

Our websites may contain links to third party sites (including social media bookmarking buttons which enable you to share certain content on our websites). Please review the Cookie and privacy policies of these sites to understand how they may use Cookies and your information.

Third Party Advertising

We may use third party advertising companies to serve ads on our behalf across the Internet. In order to measure and track the effectiveness of such ads, these companies will use Cookie technology so a Cookie may be set when you click on one of our ads or visit a webpage associated with our campaigns. These companies may also use and measure information about your visits to our website as part of this same process.

When accessing any third-party/external sites that may be linked above, you will leave Amherst Capital’s website. These sites are not controlled or endorsed by Amherst Capital and Amherst Capital is not responsible for the contents, operation or security of these sites.

Amherst Capital is a real estate investment specialist offering traditional and alternative strategies to institutional clients in the public and private real estate credit markets. Amherst Capital manages $1.8  billion of assets¹ across private credit and public markets.