RUNWAY GROWTH FINANCE CORP.

RUNWAY GROWTH CAPITAL LLC

PRIVACY POLICY

Effective Date: 4/28/2022  

Runway Growth Finance Corp. (“RWAY”) and Runway Growth Capital LLC (“Adviser” and,  together with RWAY, the “Companies,” “our,” “us” or “we”), are committed to protecting your  privacy. Your privacy is important to us. This privacy policy (“Policy”) explains how we collect,  use, disclose and otherwise process personal information, including when you:  

  • visit the Companies’ website located at www.runwaygrowth.com, and associated sub domains (the “Site”);
  • submit personal information to us;
  • apply for a job with us;
  • authorize us to obtain personal information from other sources; and
  • interact with us (by email, telephone, online or in person).

What Kind of Information We Collect  

Based on your interaction(s) with us, we may collect personal information about you that falls  within the below categories of data.  

These categories also represent the categories of personal information that we have collected  over the past 12 months.  

Note that the categories listed below are defined by California state law. Inclusion of a category  in the list below indicates only that, depending on the services and products we provide you, we  may collect some information within that category. It does not necessarily mean that we collect  all information listed in a particular category for all of our customers.  

We disclose the below categories of information with our partners and service providers.  

Category Purpose of processing

Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. A subset of this data is processed in connection with a number of our operational functions, including to set up, administer and manage your account or investment, respond to your requests and queries, facilitate the transfer of funds, facilitate any other transactions, and to provide you with account statements. 

 

It is also necessary to comply with our legal and regulatory obligations, for example, to verify the identity and address of our investors, maintain statutory registers, comply with the U.S. Office of Foreign Assets Control list and other governmental sanction lists, to prevent and detect fraud, to maintain the integrity and security of our systems, to carry out audit checks and conduct surveillance and investigations, comply with lawful requests. It also may be used for marketing purposes, including offering you products that may interest you. A subset of this data is necessary to open and manage an application for employment with the Adviser as well.
Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, your name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. A subset of this data is processed in connection with a number of our operational functions, including to set up, administer and manage your account or investment, respond to your requests and queries, facilitate the transfer of funds, facilitate any other transactions, and to provide you with account statements.  It is also necessary to comply with our legal and regulatory obligations, for example, to verify the identity and address of our investors, maintain statutory registers, comply with the U.S. Office of Foreign Assets Control list and other governmental sanction lists, to prevent and detect fraud, to maintain the integrity and security of our systems, to carry out audit checks and conduct surveillance and investigations, comply with lawful requests. It also may be used for marketing purposes, including offering you products that may interest you. A subset of this data is necessary to open and manage an application for employment with the Adviser as well.
Characteristics of classes protected under federal or California law, including: familial status, disability, sex, national origin, religion, color, race, sexual orientation, gender identity and gender expression, marital status, veteran status, medical condition, ancestry, source of income, age, or genetic information. This information is collected and processed where required by law. A subset of this data is necessary to open and manage an application for employment as well. It may also be necessary to accommodate any accessibility needs you may have if you come in to our offices.
Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. A subset of this data is processed in connection with a number of our operational functions, including to set up and administer your account or investment, and to respond to your requests and queries. It may also be used for marketing purposes, including offering you products that may interest you.
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement. This data is processed in order to optimize performance of the Site and to offer your products and services. It is also processed to detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, and for data analytics.
Geolocation data. This data is processed for marketing purposes, including offering you products that may interest you through both direct and partner advertising. We do not, however, collect “precise geolocation” data as defined under California law.
Audio, electronic, visual, thermal, olfactory, or similar information. This data is processed in connection with a number of our operational functions, including recording calls and for CCTV purposes if you visit our offices.
Professional or employment-related information. A subset of this data is processed in connection with a number of our operational functions, including to set up, administer and manage your account or investment, respond to your requests and queries, facilitate the transfer of funds, facilitate any other transactions, and to provide you with account statements.  It is also necessary to comply with our legal and regulatory obligations, for example, to verify the identity and address of our investors, maintain statutory registers, comply with the U.S. Office of Foreign Assets Control list and other governmental sanction lists, to prevent and detect fraud, to maintain the integrity and security of our systems, to carry out audit checks and conduct surveillance and investigations, comply with lawful requests. It also may be used for marketing purposes, including offering you products that may interest you. A subset of this data is necessary to open and manage an application for employment with the Adviser as well.
Inferences drawn from any of the above  information to create a profile about a consumer reflecting the consumer’s preferences,  characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. This data is processed for marketing purposes, including offering you products that may interest you through both direct and partner advertising.


How We Use this Information

Our mission is to support passionate entrepreneurs in building great businesses by lending capital  to companies looking to fund growth with minimal dilution. The main way in which we do that is  by investing our investors’ capital (we are a non-bank lender). We use personal information we  collect about a client applying for financing to get the whole picture and to try and make the best  investment decision for investors and for the client. This use includes sharing information among  our employees, contractors, attorneys, capital providers (investors & lenders), and the Adviser’s  Investment Committee. 

As further explanation to the above business purposes, we may use the personal information we collect for: 

  • Providing support and services: including to operate the Companies and provide financing to our customers, operate our Sites, and interact with you about your application, account or funding; to communicate with you about your access to and use of  our Site and administer our investments in our portfolio companies; to respond to your  inquiries; to provide troubleshooting; provide technical support; and for other customer  service and support purposes.
  • Analyzing and improving our business: including to better understand how users access and use our Sites, to evaluate and improve our Sites and business operations, and to develop new features, offerings and services; to conduct surveys and other evaluations  (such as customer satisfaction surveys); to troubleshoot problems that may arise on the  Sites; to improve the accuracy of our customer database; to increase our understanding of  our customer database; to increase our understanding of our customers; and for other  research and analytical purposes.
  • Personalizing content and experiences: including to tailor content we send or display on our Site; to offer location customization and personalized help and instructions; and to otherwise personalize your experiences. To assist in these purposes, as well as the other  purposes identified in this Policy, at certain times, we create a profile relating to you in  order to show you the content that we think you might be interested in and to display the  content according to your preferences.
  • Advertising, marketing and promotional purposes: including to reach you with more relevant ads and to evaluate, measure and improve the effectiveness of our ad campaigns; to send you newsletters, offers or other information we think may interest you; to contact  you about providing growth capital, products, or other information we think may interest  you; to identify potential new customers; and to administer promotions, sweepstakes,  contests or other special promotions.
  • Securing and protecting our business: including to protect and secure our business operations, assets, investments in our portfolio companies, network and information and technology resources; to investigate, prevent, detect and take action regarding fraud,  unauthorized access, situations involving potential threats to the rights or safety of any  person or third party, or other unauthorized activities or misconduct.
  • Defending our legal rights: including to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend or protect our rights or interests, including in the context of anticipated or actual litigation with third parties.
  • Auditing, reporting, corporate governance, and internal operations: including relating to financial, tax and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general  business, accounting, record keeping and legal functions; and related to any actual or  contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy or  restructuring of all or part of our business.
  • Complying with legal obligations: including to comply with the law, our legal obligations and legal process, such warrants, subpoenas, court orders, and regulatory or law enforcement requests.
  • Investor Servicing: servicing RWAY’s and other clients of the Adviser’s investor accounts, sending distributions, annual reports and other information about their investments, and sending proxy statements or other information required by law. 

Aggregate and De-identified Data. We may de-identify personal information and create  anonymous and aggregated data sets and reports to assess, improve and develop our business,  products and our financing to our customers, prepare benchmarking reports on our industry and  for other research, marketing and analytics purposes. Such information may also be shared with  third parties for other analytical purposes.  

Who Has Access to Personal Information  

We may share the personal information we collect as follows: 

  • Authorized Employees and affiliates: We may share your personal information with our authorized employees and affiliates (i.e., affiliated administrator, Runway Administrator Services LLC); they may use such personal information for the purposes set out in this  Policy.
  • Service providers: We may disclose personal information with third-party service providers who use this information to perform services for us, such as hosting providers, auditors, advisors, consultants, customer service and/or support providers.
  • External partners: We may also join together with other businesses to bring selected opportunities to customers or potential customers. For example, we may share client information with external partners who can provide additional financing options. You  may opt out of such sharing as explained in the Choices and Rights section below.
  • Third-party ad companies: We may share personal information with third parties that provide advertising, campaign measurement, online and/or mobile analytics, and related services. These third parties may receive or access as browsing and/or other data about  your use of the growth capital we provide, in order to help us better reach individuals  with relevant ads and/or measure our ad campaigns, and/or to better understand how  individuals interact with our Sites overtime and across devices.
  • Legal compliance: We may share personal information where necessary to comply with a law, legal obligation or legal process, such as in response to a valid court order, subpoena, or government investigation. In addition, we may share certain personal  information in order to protect the rights, property and safety of the Companies and/or  others, in support of our compliance with tax or corporate governance legislation, to  assist law enforcement, for debt collection purposes, for loss and fraud prevention, or to  regulatory or other governmental authorities with jurisdiction over us or our affiliates.

  • Business transfers: We may disclose and/or transfer personal information as part of any actual or contemplated merger, sale, transfer of assets, acquisition, financing and/or restructuring of all or part of our business, bankruptcy or similar event, including related  to due diligence conducted prior to such event where permitted by law.
  • Protect our rights: We may disclose personal information where we believe it necessary to respond to claims asserted against us, to enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation and/or to protect the rights, property or safety of the Companies or our affiliates, clients, customers, portfolio  companies and/or others.

Aggregated and De-identified Data. As discussed above, we may share aggregate or de-identified  information with third parties for research, analytics and/or other purposes.  

Cookies and Similar Technologies 

Cookies, and similar technologies like pixels, are widely used by website owners in order to  make their websites work, or to work more efficiently, as well as to provide reporting  information.  

Cookies set by the website owner (in this case, the Companies) are called “first party cookies.”  Cookies set by parties other than the website owner are called “third party cookies”. Third party  cookies enable third party features or functionality to be provided on or through the website (e.g.  like advertising, interactive content and analytics). The parties that set these third party cookies  can recognize your computer both when it visits the website in question and also when it visits  certain other websites. 

We use first and third party cookies for several reasons. Some cookies are required for technical  reasons to operate the Site, and we refer to these as “essential” or “strictly necessary” cookies.  Other cookies also enable us to track and target the interests of our users to enhance the  experience on the Site. Third parties serve cookies through the Site for advertising, analytics and  other purposes. This is described in more detail below. 

The specific types of first and third party cookies served through the Site and the purposes they  perform are described below. 

How can I control cookies? You have the right to decide whether to accept or reject cookies.  You can exercise your cookie rights by setting your preferences in the Cookie Consent Manager.  The Cookie Consent Manager allows you to select which categories of cookies you accept or  reject. Essential cookies cannot be rejected as they are strictly necessary to provide you with  services.

The Cookie Consent Manager can be found in the notification banner and on our website. If you  choose to reject cookies, you may still use the Site though your access to some functionality and  areas of our website may be restricted. You may also set or amend your web browser controls to  accept or refuse cookies. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for  more information.  

In addition, most advertising networks offer you a way to opt out of targeted advertising.  

You may also opt out of having your data used by Google Analytics via Google’s Ads Settings,  Ad Settings for mobile apps, or any other available means. Please visit policies.google.com/technologies/partner-sites for more information on how to do this.  

If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.  

Cookies Served on the Site. The specific types of first and third party cookies served through  our Websites are:  

Essential website cookies:  

These cookies are strictly necessary to provide you with services available through the Site and  to use some of its features, such as access to secure areas. 

Performance and functionality cookies:  

These cookies are used to enhance the performance and functionality of the Site but are non essential to their use. However, without these cookies, certain functionality (like videos) may  become unavailable. 

Analytics and customization cookies:  

These cookies collect information that is used either in aggregate form to help us understand how  the Site is being used or how effective our marketing campaigns are, or to help us customize the  Site for you.  

Advertising cookies:

These cookies are used to make advertising messages more relevant to you. They perform  functions like preventing the same ad from continuously reappearing, ensuring that ads are  properly displayed for advertisers, and in some cases selecting advertisements that are based on  your interests.  

Do Not Track  

The Site currently does not respond to Do Not Track (“DNT”) signals.  

How We Protect Your Personal Information  

The Companies maintain internal policies and procedures as well as physical and electronic  safeguards designed to safeguard access to personal information in our possession from accidental  or unlawful destruction, loss, alteration, unauthorized use or disclosure. We endeavor to limit  access to personal information about you to those employees, agents and other authorized parties  who need to know the information to enable the Companies to provide products or services to you.  Please note that such safeguards, however, do not guarantee that personal information transmitted  via the Internet or stored in our systems or is otherwise under the Companies’ care will be  absolutely safe from unauthorized use or intrusion from third parties due to the inherent nature of  the Internet. 

How Long Do the Companies Keep My Data? 

We will only retain your personal data for as long as is reasonably necessary to fulfill the  purposes that we process it for, including for the purposes of satisfying any legal, regulatory, tax,  accounting, or reporting requirements. We may retain your personal data for a longer period in  the event of a complaint, or if we reasonably believe there is a prospect of litigation with respect  to our relationship with you.  

To determine the appropriate retention period for personal data, we consider the amount, nature  and sensitivity of the personal data, the potential risk of harm from the unauthorized use or  disclosure of your personal data, the purposes for which we process your personal data and  whether we can achieve those purposes through other means, and the applicable legal,  regulatory, tax, accounting, or other requirements.  

In some circumstances, we will anonymize your personal data (so that it can no longer be  associated with you) for research or statistical purposes, in which case we may use this  information indefinitely without providing further notice to you. 

Your Rights 

You may have the following rights available to you, depending on your jurisdiction or depending  on the jurisdiction in which the data was collected, including the right to:  

Request confirmation of the existence of processing of your personal data, which enables  you to know if the company carries out processing of your personal data.  

Request access to your personal data. This enables you to receive a copy of the personal data  we hold about you. Depending on the applicable privacy laws, you may be entitled to request  the categories and specific pieces of personal data that we have collected about you, the  categories of sources from which the personal data was collected, the purposes of collecting  the personal data, the categories of third parties we have shared the personal data with, and  the categories of personal data that have been shared with third parties for a business  purpose.  

Request the correction of the personal data that we hold about you. This enables you to  have any incomplete, out-of-date, irrelevant, misleading, or inaccurate data we hold about  you corrected, although we may need to verify the accuracy of the new data you provide to  us.  

Request the erasure of your personal data. This enables you to ask us to delete or remove  personal data. Note, however, that we may not always be able to comply with your request  (for example, we cannot erase information if we are required to keep it for regulatory  purposes or to fulfill an order you have placed).  

Limit use and disclosure of sensitive personal data to only those purposes necessary to  provide our services and goods. This enables you to restrict the use and disclosure of your  sensitive personal data, such as precise geolocation data.  

Data portability. In some instances, you may have the right to receive the information about  you in a portable and readily usable format.  

Withdrawal of consent, at any time, by means of and express statement by you, through a  free and facilitated procedure, ratified processing carried out under the protection of the  previously expressed consent, as long as there is no request for erasure.  

Opt-out of the sale or sharing of personal data. For purposes of U.S. (including  California) law, we do not sell your personal information to or share your personal  information with third parties for cross contextual advertising, nor do we intend to, as those terms are defined in applicable privacy laws, including the CCPA and CPRA. We also have  not done so for the last 12 months. We may include on our website third-party cookies,  which allow the third-party cookie provider to collect data directly for their own purposes  and subject to their own separate privacy notice. More information about what cookies are  on our website and what they do is provided in the “Cookies” section above. It is your choice  whether to accept all but strictly necessary cookies, including third-party cookies, when you  navigate to our website. You are also free not to leave reviews or other user-generated  content.  

You will not be charged a fee to access your data or exercise any of your other rights except in  certain limited circumstances permitted under law, such as where a request is unfounded,  repetitive, or excessive. We will not discriminate against you in any way for exercising your  rights.  

How to Exercise Your Rights 

If you would like to access your personal information or exercise any of your other rights, please  submit the request to our webform or contact us via phone at 646-576-7918.  

For your protection, we may need to request specific information from you to help us verify your  identity before we can respond to a request from you to exercise your rights. Where applicable,  this is a security measure to ensure that the personal data is not disclosed to any person who does  not have the right to receive it. For example, we may verify the email address we have on file  with the email address from which you are sending a request. We may also contact you to ask  you for further information in relation to your request, in order to speed up our response.  

You may also authorize someone else to make a request on your behalf. To do so, you must  provide the agent with written, signed permission to submit privacy rights requests on your  behalf. The agent must provide this authorization at the time of the request.  

Links to Third-Party Websites 

The Site may contain links to third party websites which, in some cases, may be integrated into,  and appear to be part of, the Site. The Companies encourage you to read the privacy policies of  other websites you link to from this website and disclaims any responsibility for the privacy  policies and procedures of any third-party websites that you reach via a hyperlink contained on  this Site. Such hyperlinks are provided for your convenience only, and you access them at your  own risk. 

Use of Site by Minors 

The Site is not designed or intended to collect information from anyone under the age of 16. The  Companies do not knowingly collect or maintain any information from anyone under the age of  16. The Site is not designed with the purpose of attracting any person under the age of 16. To  respect the privacy of children and to comply with the Children’s Online Privacy Protection Act,  if you are under the age of 18, you should only use the Site with the involvement of a parent or  guardian  

Updates to this Privacy Policy  

The Companies reserve the right in its sole discretion to modify or amend this Privacy Policy in  any way at any time. Any such changes are effective upon posting and we will indicate in the  Privacy Policy when it was most recently updated. You should review this Privacy Policy  periodically for changes applicable to you.  

Updating Your Information  

To help us keep your customer information up-to-date and accurate, please contact the Adviser, at  the address below, if there is any change in your personal information.  

Runway Growth Capital LLC
205 N. Michigan Ave
Suite 4200
Chicago, IL 60601
ATTN: Chief Compliance Officer