PRIVACY POLICY

 

Introduction

 

Resolute Capital Partners and its affiliated and/or related entities (together, “Resolute,” the “Company,” “we,” or “us”) is committed to maintaining your privacy. In order to protect your personal information, we have implemented the following Privacy Policy with provisions that apply to the collection, use and disposal of data by RESOLUTE, its subsidiaries, and its affiliates.

 

Resolute maintains physical, electronic and procedural safeguards to guard the collection, utilization, maintenance and disposal of non-public personal information of our Investors (as defined below). Such safeguards are designed to enable us to operate in compliance with statutes and regulations that apply to its business, this Site (as defined below) and the Services (as defined below) (“Applicable Law”). Our Privacy Policy discloses the type and nature of information we collect and how we use it and, when applicable, dispose of it, as well as the choices you can make about the way your information is collected and used.

 

PLEASE READ THIS PRIVACY POLICY CAREFULLY. PLEASE READ THE SECTION BELOW ENTITLED “YOUR CONSENT” TO LEARN WHAT CONSTITUTES “CONSENT” UNDER THIS PRIVACY POLICY. IF YOU DO NOT CONSENT TO THIS PRIVACY POLICY, PLEASE REFRAIN FROM USING OUR SITE.

 

Who We Are and What We Do

We primarily provide educational materials and resources to our network, partners, and affiliates, and thereafter seek to provide eligible and qualifying investors the opportunity to invest in securities in the alternative space.  We utilize online financial technology tools to assist us in the education process, and one such tool is our website:  www.resolutecapitalpartners.com (the “Site”), which may also provide secure access by eligible, qualified investors to Product information (the “Investment Related Services”).  The Investment Related Services may include measures designed to facilitate exchanges and process transactions.

 

Types of Users

 

“Accredited Investor” means any Investor who has indicated and attests that they meet the definition of an “accredited investor” contained in Rule 501 of Regulation D promulgated under the Securities Act of 1933.
“Investors” means, collectively, (i) Prospective Investors and (ii) Accredited Investors.
“Registered User” means any Site Visitor who has completed the registration process at our Site.
“Prospective Investor” means any Registered User who is not or has not yet been confirmed or verified as an Accredited Investor.
“Site Visitor” means any person who visits our Site.
“User” means any Site Visitor, Investor, Sponsor or Registered User.

 

Your Consent

You indicate your consent to this Privacy Policy in different ways, depending on your relationship to the Site. By accessing and using our Site as a Site Visitor, you are acknowledging that you have read and understood this Privacy Policy and consent to it. If you become a Registered User, during the registration process you will be asked to confirm that you have reviewed this Privacy Policy and that you consent to it.

 

Information We Collect

Information you may provide while visiting our Site or while participating in our Services falls into two broad categories: (i) Personally Identifiable Information, and (ii) Anonymous Information. “Personally Identifiable Information” means any information that could reasonably be used to identify you, including your name, address, e-mail address, birth date, financial information, cell or land-line phone number, or any combination of information that could be used to identify you. “Anonymous Information” is information that does not identify you and may include statistical information concerning, for example, your use of our Services or the pages on the Site that you visit most frequently.

 

Personally Identifiable Information

We obtain Personally Identifiable Information from Registered Users to provide our Services. In order to access our Services as a Registered User, you must complete a registration form which specifies the information you must provide in order to enjoy the particular features to which you wish to subscribe. The information required may include such items as name; email address; phone number; mailing address; social security number (for IRS tax reporting purposes); and birth date (for Children’s Online Privacy Protection Act and eligibility purposes) (collectively “Contact Information”). Our registration forms may additionally request information which you may, at your option, choose to provide or withhold. To the extent this additional information constitutes Personally Identifiable Information, we will treat it in the manner specified in this Privacy Policy. To qualify to invest in Projects presented on our Site, you must be an Accredited Investor and may be required to provide the Investor Financial Information described below.
 

Investor Financial Information

Each Investor may also be required to provide Form W-9 Information, Suitability Information, Payment Information and Accreditation Information (each as described below and collectively the “Investor Financial Information”), including but not limited to:

 

Form W-9 Information: For tax purposes, each Investor may be required to provide a completed Internal Revenue Service Form W-9 which includes your Social Security Number (or Taxpayer Identification Number, where applicable) (“Form W-9 Information”).

 

Suitability Information: Investors may be required to provide other information sufficient to meet regulatory “suitability” requirements for investing in a Project presented on our Site. Depending on the nature of the offering (“Suitability Information”). This will include: (i) information concerning an Investor’s net worth and historical and current income; (ii) information concerning an Investor’s investment history and risk tolerance; (iii) information concerning his or her residency; and (iv) other information we might request to determine whether an Investor qualifies for a particular investment.

Payment Information: In order to complete an investment, an Investor may need to provide certain account and other payment information, such as information needed to make and receive payments via electronic checks (“Payment Information”). Our registration process for Investors provides additional details on the types of Payment Information needed.

 

Accreditation Information: In order to complete an investment, an Investor must attest and/or sufficiently demonstrate or verify that they meet the definition of an “accredited investor” contained in Section 501 of Regulation D promulgated under the Securities Act of 1933 and provide sufficient documentation for us to take reasonable steps to verify and/or reasonably determine that the Investor is, in fact, accredited (“Accreditation Information”).

 

How We Use Your Personally Identifiable Information

We use your Personally Identifiable Information to process your transactions and facilitate your activities with respect to our Site as set out herein. We do not disclose your Personally Identifiable Information to third parties without your express consent except in the specific circumstances identified in the Section “Sharing of User Information” below.

 

Where necessary to comply with Applicable Law, we will use Investor Financial Information for purposes of Required Notices. We may use Contact Information and Investor Financial Information in a similar manner to meet these requirements. Investors cannot opt-out of this use of information. “Required Notices” means (i) formal notices from Regulators and (ii) other information that we provide in order to comply with Applicable Law. “Regulators” means state and federal regulators with jurisdiction over companies offering securities and this Site in accordance with Applicable Law, including, where applicable, the United States Securities and Exchange Commission. Required Notices may also include notices to Investors that are required to be provided per the terms of Projects in which they have invested or are necessary in order to effectuate the intent of those agreements.

 

Processing Your Transactions: We use the Personally Identifiable Information you provide to process transactions that you have authorized us to undertake, and to provide you with the Services you have requested. Investors cannot opt-out of this use of information.

 

Operation of our Site: We use your Personally Identifiable Information in the operation of our Site, and to comply with Applicable Law. You cannot participate in our Site if you seek to opt-out of these uses of your Personally Identifiable Information.

 

Providing You Internal Information: Periodically, we may send you materials for informational purposes, such as notices of investment opportunities via our Site or updates concerning investments that you elected to track or participate in, and other information that does not constitute a Necessary Disclosure (collectively, “Informal Information”). Informal Information may take a range of forms, including email, newsletters, or automatic notices generated by our Site. Under this Privacy Policy (i) you will receive Informal Information only from (a) Resolute and (b) affiliates or subsidiaries of Resolute; and (ii) you are entitled to opt-out from receiving Informal Information. Periodically, we may choose to send news, bulletins, or other information to Registered Users, and will use Personally Identifiable Information to send such communications. If we choose to undertake such communications, you will have the ability to opt-out of receiving these communications.

 

 

 

Sharing and Transfer of User Information

Resolute does not sell or rent personal information for marketing purposes. We do, however, work with a number of trusted partners who perform vital functions as part of our operations. We will share with trusted partners only that information necessary for them to perform their functions, and we require them to refrain from using your Personally Identifiable Information for any other purpose.

 

Growth Capital Services, Inc. (“GCS”), a California corporation, is a securities broker-dealer registered with the U.S. Securities and Exchange Commission and a member of the Financial Industry Regulatory Authority, Inc. They are a provider of broker-dealer and other services related to our securities transactions, and individual personnel of Resolute are registered representatives of GCS. GCS is located at 582 Market Street, Suite 300, San Francisco, CA 941014. Because GCS will offer the securities available on our site and provide other services related to our securities transactions, your personal information will be shared with GCS.  Since we do not have direct control over the policies and practices of GCS, we are not responsible for their privacy practices or contents of their sites.

 

NES Financial provides secure payment processing services as well as Third Party Administrator services in connection with our investments, and because NES will offer payment and tax services related to our securities, your personal information will be shared with NES.  We are not responsible for their privacy practices. 

 

We also work with (among others) providers of hosting services for the Site and electronic signature providers. We may engage third parties to help us carry out certain other internal functions such as account processing, client services, legal services, or other data collection relevant to our business. Examples of third parties might include those that perform data processing, reporting, tax documentation, custody or escrow services.  Since we do not have direct control over the policies and practices of any of the third parties that we work with, we are not responsible for their privacy practices or contents of their sites.

 

Personally Identifiable Information may also be shared with or transferred to third parties in certain other limited circumstances identified below:

 

We may reveal your Personally Identifiable Information to attorneys, private investigator organizations or law enforcement agencies if we believe that you are violating (either intentionally or unintentionally) our Terms of Use or are otherwise violating legal rights. We will take all reasonable steps to disclose only so much of this Personally Identifiable Information as is necessary, for example, we may limit the disclosure (where applicable) to Contact Information only.

 

Resolute will reveal your Personally Identifiable Information to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of your Personally Identifiable Information, we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.

 

We may share your information with law enforcement or other government agencies as required by law or for the purposes of limiting fraud. We reserve the right to disclose your Personally Identifiable Information when we believe that disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order or legal process. We further reserve the right to disclose any Personally Identifiable Information that we believe, in good faith, is appropriate or necessary to take precautions against liability, to investigate and defend against any third party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Site or our services, or to protect the rights, property or personal safety of Resolute.

 

Changing or Removing Information; Opting Out

Applicable laws and regulations place certain obligations on Investors to keep information current, including, for example, Form W-9 Information. It is particularly important for you to keep your Investor Financial Information current and to report to us any material change in this information. We may use this information to provide you with relevant education, investment opportunities, and financial distributions due to you as an investor in a Project you invested into. Without current information, you may receive information in error or that you are not eligible to receive or act on. To allow appropriate control over Personally Identifiable Information, you can access your account (after supplying your user name and password) to change or update discretionary information that you have previously submitted. If you request, we will remove your name and all other Personally Identifiable Information from our databases. It may be impossible to remove this information completely, due to IRS and regulatory reporting requirements, ownership in a Project in which you have invested through our Site and the rights thereof, data backups and records of deletions. If you request deletion of your information, you will be unable to use certain features of the Site and any associated Services. You may not request to remove Anonymous Information from our databases.

 

Anonymous, Aggregate Information

We may use anonymous information to analyze the effectiveness of our Site, to improve our services, and for other similar purposes. In addition, from time to time, we may undertake statistical and other summary analyses of the general behavior and characteristics of Users visiting our Site.  We may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your computer), your computer’s name, the type and version of your web browser, referrer addresses, and other generally-accepted log information. We may also record page views and other general statistical and tracking information, which will used to understand how our Site is being used, and for security and monitoring purposes. None of this data contains Personally Identifiable Information.  We might compile site metrics of a page of interest or other data. Such records do not contain any Personally Identifiable Information, and all such data and information is subject to our Privacy Policy.   Anonymous Information Linked With Your Personally Identifiable Information Is Protected As “Personally Identifiable Information.”

 

Security

Our security systems are structured to deter and prevent hackers and others from accessing information you provide to us. We make no warranty that our security systems are fail proof. Due to the nature of Internet communications and evolving technologies, we cannot provide, and we disclaim, any assurances that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access. However, we take all reasonable steps to secure and safeguard this Information, including: our Site’s password-protected section requires Users to use unique identifiers such as their user name and password; we employ a secure channel using encryption to protect information exchanged over the Internet between your web browser and our servers; our employees are required to acknowledge that they understand and will abide by our internal confidentiality policies with respect to the confidentiality of Personally Identifiable Information; we provide access to our databases containing Personally Identifiable Information on a need-to-know basis only; we use automated tools to monitor network traffic to identify unauthorized attempts to upload information, change information or otherwise seek to “hack into” our systems; we encrypt Investor Financial Information (including account and social security number information).

 

Participation by Children and Teens

WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW ARE UNDER 18 TO PARTICIPATE IN THE SITE OR SERVICES. YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SITE AND SERVICES. WE MAY CEASE YOUR ACCESS WITHOUT NOTICE IF WE LEARN THAT YOU ARE NOT AT LEAST 18.

 

Our Affiliates

We may choose to rely on and share information with companies closely related to us – our “Affiliates” – for certain purposes. By “Affiliate,” we mean an entity that controls, is controlled by, or is under common control with Resolute, whether the control results from equity ownership, contract, overlapping management or otherwise. You acknowledge that Resolute Affiliates will be entitled to enjoy our rights under this Policy and, in exchange, we acknowledge that we will be responsible for our Affiliate’s conduct under this Policy, including if our Affiliate fails to comply with any applicable obligations. In any event, we require our Affiliates to protect Personally Identifiable Information in a manner no less protective of your interests than the protections set out in this Policy.

 

Relationship to Terms of Service; Incorporation of Terms of Service

This Privacy Policy must be read in conjunction with our Terms of Service, and the provisions of our Terms of Service are incorporated herein. To the extent the Terms of Service conflict with the terms of this Privacy Policy, the terms of this Privacy Policy will control.

 

Privacy Rights of California Residents

California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, we will provide you with the categories of Personally Identifiable Information that we collect through the Site and the categories of third parties with whom such Personally Identifiable Information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, of (1) the categories of Personally Identifiable Information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email or standard mail to the address set out herein. When contacting us, please indicate your name, address, email address, and what Personally Identifiable Information you do not want us to share with affiliated businesses or marketing partners. The request should be labeled “California Customer Choice Notice.” Please allow 30 days for a response. There is no charge for controlling the sharing of your Personally Identifiable Information or requesting this notice.

 

Complaints to Regulators

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. Other States may provide similar avenues for lodging complaints. Please check with your State’s consumer protection authority.

 

Contact Us

For further information relating to this Policy, if you have questions about this Policy, or to report a problem regarding the Site, please contact Team(at)rcp-ltd.com

© Resolute Capital Partners 2018