Privacy Policy

Effective Date: November 1, 2022

This Privacy Policy describes how Guidehouse, Inc., Baker & Hostetler LLP, and PACE Claims Services LLC (“GBP”), solely in their capacity as the U.S. Securities and Exchange Commission-appointed Fund Administrator in the matter of Fifth Third Bancorp and Daniel Poston (“Fund Administrator), process personal information about you as a result of your communication with them directly or through FifthThird.FundAdministratorGBP.com (“Website”).

Personal Information Collected and How It Is Collected

Personal information you provide to the Fund Administrator through the Website or otherwise may include:

• Your contact details, such as your full name, postal address, email address and telephone number;
• Your taxpayer ID, Social Security number, or government issued identification number;
• A copy of your government-issued identification;
• Your employer’s name; and
• Any personal information you provide in the contents of your communications with the Fund Administrator.

Depending on your location or residency, your taxpayer ID, Social Security number, government issued identification number or copy of your government-issued identification may be considered sensitive personal information, in which case the Fund Administrator will handle as required by applicable law. For example, depending on your location or residency, the Fund Administrator may seek your consent before processing such sensitive personal information and/or may limit processing for the purposes of collection.

How the Information Collected May Be Used

In general, the Fund Administrator may use your personal information to:

• Communicate with you, including to answer your questions or request additional information;
• Provide information or services to you;
• Prevent and address fraud or other threats, including data security issues;
• Evaluate and enhance Website security or otherwise improve the Website;
• Ensure the security and integrity of personal information collected;
• Conduct internal research and development;
• Investigate claims, legal actions or violations of the Fund Administrator policies and procedures;
• Prevent, investigate, identify or take any other action regarding suspected or actual fraudulent or illegal activity, or any activity that violates Fund Administrator’ policies; and
• Comply with applicable laws, regulations, and legal process.

The Fund Administrator may collect, use and disclose your personal information as required or permitted by applicable law and reserve the right to convert, or permit others to convert, your personal information into deidentified, anonymized or aggregated data, also as permitted by law.

How Your Personal Information May Be Shared

The Fund Administrator may share your personal information:

• With Retained Personnel or authorized vendors when reasonably necessary or helpful, such as to assist in communicating with you, analyze and improve the Website, help provide you support, send various communications, or otherwise assist with the operation of the Website and the Fund Administrator’s claims process;
• To protect or enforce the rights, property, interests or safety of the Fund Administrator, you or other third parties, or to prevent fraud or abuse;
• As required or permitted by applicable law, which may include lawful access by local or foreign courts, law enforcement, or other government authorities;
• When the Fund Administrator determines that disclosure of specific information is necessary to comply with the request of a law enforcement or regulatory agency or other legal process;
• When necessary to support any audit;
• When you otherwise consent or direct the Fund Administrator to share information.

External Links

The Website may contain links to one or more websites maintained by external parties. This Privacy Policy does not reflect the privacy practices of such other websites, and you should consult the privacy policies of those websites to learn about their practices. A link to any third-party site does not mean that the Fund Administrator endorses it, or the quality or accuracy of information presented therein.

Data Security

The Fund Administrator takes commercially reasonable and appropriate administrative, physical, and technical measures to protect your personal information from loss, theft, misuse, manipulation and unauthorized access, disclosure, alteration, and destruction. However, transmission via the internet is not completely secure and the Fund Administrator cannot guarantee the security of your personal information. If you suspect any unauthorized activity associated with your personal information, please report that activity to the Fund Administrator immediately through the contact information provided below.

“Do Not Track” Signals

Your browser may have a “do-not-track” setting that sends signals to websites with the technology to receive them to express your preferences regarding online tracking. This Website does not include the technology required to respond to such signals.

International Users

If you are using the Website outside the United States, please be aware that personal information the Fund Administrator obtains about you may be transferred to and processed in the United States or other jurisdictions outside your own. Your personal information may be accessible by public authorities where it is processed. By using the Website and providing your personal information, you acknowledge that your personal information may be transferred to and processed in jurisdictions other than your own. Please be aware that the data protection laws and regulations that may apply to your personal information transferred to the United States or other countries may be different from the laws in your country of residence. To the extent required by applicable law, the Fund Administrator will transfer your personal information consistent with transfer requirements of your location or residence.

Your Choices

Depending on your location or residence and subject to applicable law, you may be able to request:

• Access to your personal information;
• To verify or correct inaccuracies in your personal information;
• To delete your personal information; and
• When you have provided your consent to the collection, use, transfer, or other processing of your personal information, to withdraw your consent under certain circumstances.

You may have additional options depending on applicable law. To request more information about your choices or to submit a request, you may email support@fundadministratorgbp.com. The Fund Administrator may require specific information from you to verify your identity and assess what privacy rights are available to you under applicable law prior to processing your request. Applicable law may require or permit the Fund Administrator to decline your request. If your request is declined, you will be told why, subject to any legal or regulatory restrictions on disclosing this information. Please note, if you withdraw your consent, the Fund Administrator may not be able to provide you with the assistance or information you request. The Fund Administrator will explain any impact to you to help you with your decision.

European Economic Area and United Kingdom

For users of the Website located in the European Economic Area or the United Kingdom, the data controller for any personal information provided to or gathered by the Website is GBP, solely in their capacity as Fund Administrator, 200 American Metro Blvd, Suite 129, Hamilton, NJ 08619.

Legal Bases. The Fund Administrator relies on the following legal bases for processing your personal information:

• The processing is necessary for the Fund Administrator to provide you with the services you request (for example, to submit any claim you may have, provide you with information or communications, or respond to your inquiries);
• The Fund Administrator has a legal obligation to process your personal information.
• The Fund Administrator has a legitimate interest in processing your personal information. In particular, the Fund Administrator has a legitimate interest in analyzing and improving the safety and security of the Website, including by implementing and enhancing security measures and safeguards and protecting against fraud, spam or other abuse; and
• You have consented to the Fund Administrator processing your personal information. When you consent, you may change your mind and withdraw your consent at any time (for example, when you provide special categories of personal data, such as your taxpayer ID, Social Security number, government issued identification number or copy of your government-issued identification).

Data Retention. The Fund Administrator keeps personal information for no longer than necessary to achieve the purposes for which the personal information was collected or as required or permitted by applicable law. To determine the appropriate retention period, the Fund Administrator will consider: the scope and sensitivity of the personal information; the potential risk of harm from unauthorized access to, use of or disclosure of the information; the purposes for which the information is processed and whether the Fund Administrator can achieve those purposes through other means; and other applicable legal requirements.

EEA/UK Privacy Rights.  If you are in the EEA or the United Kingdom, subject to certain conditions, you may ask the Fund Administrator to take the following actions in relation to your personal data:

• Provide you with information about our processing of your personal information and give you access to your personal information;
• Update or correct inaccuracies in your personal information;
• Delete your personal information;
• Transfer a machine-readable copy of your personal information to you or an external party of your choice;
• Restrict the processing of your personal information, subject to applicable law;
• Object to the Fund Administrator Parties’ processing of your personal information, subject to applicable law;
• Obtain information about and object to the Fund Administrator Parties’ reliance on legitimate interests as the basis for processing of your personal data; and
• Withdraw your consent for processing personal data where applicable.

If you are a resident of the European Economic Area or United Kingdom, you may exercise any of these rights by emailing a request to support@fundadmininistratorGBP.com.

Before the Fund Administrator can provide, delete, or change any of your information or otherwise respond to your request to exercise your rights, the Fund Administrator may ask that you verify your identity. The Fund Administrator may also ask for more details to facilitate prompt response to your request. Please note that applicable law may require or permit the Fund Administrator to decline your request. If the Fund Administrator declines your request, you will be provided a reason why, subject to any legal restrictions on providing this information.

If you believe the Fund Administrator has violated any of your data protection rights under the European Union’s or United Kingdom’s General Data Protection Regulation, you may contact the Fund Administrator as provided at the bottom of this Privacy Policy or submit a complaint directly to the data protection authority in your jurisdiction.

Changes to This Privacy Policy

The Fund Administrator may change this Privacy Policy from time to time; if so, changes will be posted to this page. 

How to Contact Us

You may contact the Fund Administrator through email at support@fundadministratorgbp.com or submit correspondence addressed to the Fund Administrator at: 200 American Metro Blvd, Suite 129, Hamilton, NJ 08619