Terms and Privacy

General

Please read the following terms and conditions (inclusive of the Privacy Policy, the “Terms”). They govern your use of this website (the “Site”) and its associated services, including newsletters, social media, and other content, whether distributed via this website or other content distribution platforms (collectively with the Site, the “Services”). By accessing or using the Services in any manner, you agree to be bound by the Terms. We may update the Terms from time to time, and any modifications will be effective immediately upon posting unless we indicate otherwise. If you use the Services after any modifications have been posted, your use will constitute your agreement to such modifications. We suggest that you review these Terms periodically for changes.

Except as otherwise noted on the Services, all content and material on the Services – including information, photos, podcasts, blog or social media posts, videos, graphics, icons, design, and overall appearance – are the property of 535 West I, LLC (formerly Thirdbase Capital) (“535 West,” “we” or “us”) and should not be used, modified, or reproduced without our prior written consent. All trademarks, trade names, and logos displayed on the Services are the property of 535 West, its affiliates, or their third-party owners, and the Services grant no license to them. 535 WEST is a registered service mark in the United States and may not be used without the prior written permission of 535 West.

The Services are intended solely to provide general information related to 535 West. The Services are not directed at and should not be relied upon by any investor or prospective investor in any investment fund or other investment vehicle managed by 535 West. 535 West does not intend to solicit or make its investment advisory services available to the general public.

Under no circumstance should any information provided via the Services be considered an offer soliciting the purchase or sale of any security or other interest in any investment fund or other investment vehicle managed or mentioned by 535 West, nor should any such information be construed as an offer to provide investment advisory services. Any such offer or solicitation will be made separately and only by means of confidential offering documents specific to the relevant investment fund or other investment vehicle to investors that, among other requirements, meet certain qualifications under federal securities laws. There can be no assurance that 535 West’s investment strategies will be successful or that 535 West’s investment objectives will be achieved. Any investment in a fund or other investment vehicle managed by 535 West involves a high degree of risk, including the risk of a complete loss of investment.

Any 535 West portfolio companies or other investments described or referenced via the Services are not representative of all investments of the funds managed by 535 West, and there can be no assurance that the investments described or referenced will be profitable or that future investments will have similar character or results.

Any opinions expressed via the Services reflect the views of the individual posters and are subject to change. Certain information available via the Services has been obtained from third-party sources, including from portfolio companies of investment funds managed by 535 West. While taken from sources we believe are reliable, 535 West has not independently verified all such information, and 535 West makes no representation or warranty about the accuracy of such information or its suitability for any purpose. The opinions expressed via the Services are not intended to constitute investment, accounting, tax, or legal advice; nothing in the Services is a recommendation that you purchase, sell, or hold any security or other investment or that you pursue any particular investment strategy. The content available via the Services is presented on an “as is” basis without any warranty, express or implied, of any kind.

Certain statements made or other information disseminated via the Services by individual 535 West personnel may constitute “forward-looking statements” under the Privacy Securities Litigation Reform Act of 1995. To the extent any information made available via the Services constitutes a forward-looking statement (which may be identified by use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “upside,” “potential,” “project,” “estimate,” “intend,” “forecast,” “target,” “believe,” or similar terminology), please note that actual events, results, or performance may differ materially from those reflected or contemplated by such statement. 535 West disclaims any obligation to update any forward-looking statement in the event it later turns out to be inaccurate, whether as a result of new information, future events, or otherwise. Any projections, estimates, forecasts, targets, or opinions expressed via the Services are subject to change without notice and may differ from opinions expressed by others.

Past results of 535 West’s managed investment funds or other investment vehicles are not necessarily indicative of future results.

Third-Party Websites

The Services may include content created, prepared, or otherwise made available by third parties or a link to or integration with websites operated by third parties. 535 West has no control over any such content or websites and shall have no liability related to such content or websites. The existence of any such content, link, or other integration does not constitute an endorsement of the relevant content, website, or third party. You hereby release and hold 535 West harmless from any and all liability arising from your use of any third-party content, website, or service.

Privacy Policy

At 535 West, we respect your privacy and, whether you are visiting the Site as an investor, founder, or member of the general public, you are entitled to the protection of your personal information. Please read this Privacy Policy to learn how we treat your personal information.

By using or accessing the Services in any manner, you hereby consent to our collection, use, and sharing of your information as described in this Privacy Policy.

Remember that your use of the Services is subject to the Terms, including this Privacy Policy.

What this Privacy Policy Covers

This Privacy Policy provides important disclosures and other information relating to how we treat Personal Data that we gather when you access or use the Services, but this Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage, nor does this Privacy Policy cover the practices of any entity with whom we have an investment relationship, even if you are able to access such entity’s website or services through a link on the Site. This Privacy Policy also does not apply to information obtained or disclosed in offline correspondence or in connection with an investment in one of our affiliated investment funds. Please note that you may have additional rights to control the use and disclosure of your Personal Data. Residents of California should refer to the relevant subsections below. You may print a copy of this Privacy Policy by clicking here. If you have a disability, you may access this Privacy Policy in an alternative format by contacting team@535west.com.

Use of the term “Personal Data” herein means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules, or regulations.

Categories of Personal Data We Collect

The chart below identifies the categories of Personal Data that we have collected over the past 12 months or may collect in the future:

Category of Personal Data

Examples of Personal Data We May Collect

Categories of Third Parties With Whom We May Share this Personal Data:

  • Profile or Contact Data
    First and last name
    Email address
    Phone number
    Service Providers
    Parties You Authorize, Access, or Authenticate
  • Device/IP Data
    IP address
    Device ID
    Domain server
    Type of device/operating system/browser used to access the Services
    Service Providers
    Parties You Authorize, Access, or Authenticate
  • Web Analytics
    Interactions with the Services
    Referring webpage/source through which you accessed the Services
    Non-identifiable request IDs
    Data related to the interaction between device or browser and the Services
    Service Providers
    Parties You Authorize, Access, or Authenticate
  • Other Identifying Information that You Voluntarily Choose to Provide
    Identifying information in your emails, letters, submissions, or other communications directed to us
    Service Providers
    Parties You Authorize, Access, or Authenticate
Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

  • You
    • When you provide such information directly to us
    • When you use the Services
    • When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires
    • When you send us an email or otherwise communicate with us
    • When you use the Site and such information is collected automatically
    • Through Cookies (defined in the “Tracking Tools and Opt-Out” section below)
  • Third Parties
    • Vendors
      • We may use analytics providers to analyze how you interact and engage with the Services or third parties may help us provide you with customer support
Our Commercial or Business Purposes for Collecting Personal Data

Providing, Customizing, and Improving the Services

  • Providing you with the Services you request
  • Meeting or fulfilling the reason you provided the information to us, including to deliver our newsletters and emails and to facilitate events
  • Communicating with you about the Services, including Services announcements
  • Providing support and assistance for the Services
  • Improving and developing the Services, including research, testing, and internal analytics
  • Protecting against, deterring, or otherwise addressing fraud, security, and debugging
  • Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”)

Corresponding with You

  • Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information related to us
  • Sending emails and other communications according to your preferences or that display content that we think will interest you

Meeting Legal Requirements and Enforcing Legal Terms

  • Fulfilling our legal obligations under applicable laws, rules, and regulations, court orders, and other applicable legal requirements
  • Protecting against, deterring, or otherwise addressing illegal, fraudulent, or otherwise harmful actions and maintaining the safety, security, and integrity of the Services
  • Enforcing any agreements with you
  • Responding to claims that any content available via the Services violates third-party rights
  • Resolving disputes

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without providing you notice.

How we Share Your Personal Data

We may disclose your Personal Data to the categories of service providers or other parties identified in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

  • Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include:
    • Hosting, communications, and other technology providers, including providers that help us manage newsletter signups and email services and for event registration
    • Fraud prevention and other security providers
    • Analytics providers
  • Parties You Authorize, Access, or Authenticate
    • Third parties you access through the Services
    • Other users
  • Legal Obligations
    • We may share any Personal Data that we collect with third parties in furtherance of the purposes described under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above.
  • Business Transfers
    • All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy, or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.
  • Data that is Not Personal Data
    • We may create aggregated, de-identified, or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified, or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build, and improve the Services, provided that we will not share such data in a manner that could identify you.
Tracking Tools and Opt-Out

The Services may use cookies and similar technologies such as pixel tags, web beacons, clear GIFs, and JavaScript (collectively, “Cookies”) to enable the relevant servers to recognize your web browser and tell us how and when you visit and use the Services, to analyze trends, learn about our user base, and operate and improve the Services. Cookies are small pieces of data – usually text files – placed on your computer, tablet, phone, or other device when you use that device to access certain of the Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because we may use Cookies, the Site does not support “Do Not Track” requests sent from a browser at this time.

  • Essential Cookies. Essential Cookies may be required for providing you with features or services that you request. Disabling these Cookies may make certain features and services unavailable.
  • Functional Cookies. Functional Cookies may be used to record your choices and settings related to our Services, maintain your preferences over time, and recognize you when you return to certain of the Services. These Cookies would help us to personalize our content for you and remember your preferences.
  • Performance/Analytical Cookies. Performance/Analytical Cookies may be used to enable us to understand how visitors use the Services, such as by collecting information about the number of visitors to the Site or other Services, what pages visitors view on the Site, and how long visitors are viewing or engaging with the Services. Performance/Analytical Cookies could also help us measure the performance of any advertising campaign we may launch, in order to help us improve our campaigns and the content of the Services for those who engage with our advertising.

You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device.

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To obtain more information about Cookies, including information about how to manage and delete Cookies, please visit ICO or All About Cookies.

Security and Retention

We seek to protect your Personal Data from unauthorized access, use, and disclosure using appropriate physical, technical, and administrative security measures and storage and processing practices based on the type of Personal Data. For example, the Site uses industry-standard Secure Sockets Layer (SSL) technology to allow for the encryption of Personal Data you provide to us. We retain Personal Data about you for as long as necessary to provide the Services to you, comply with our legal obligations, resolve disputes, or as otherwise permitted or required by applicable law, rule, or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

Although we work to protect the security of your data that we hold in our records, please be aware that no method of transmitting data or storing data over the Internet is completely secure. We cannot guarantee the complete security of any data you share with us, and except as expressly required by law, we are not responsible for the theft, destruction, loss, or inadvertent disclosure of your information or content.

Personal Data of Minors

We do not knowingly collect or solicit Personal Data about children under 16 years of age. If we learn that we have collected personal information from an individual under 16 years of age without parental consent, we will delete such information promptly. If you believe that a child under 16 years of age may have provided Personal Data to us, please contact us at team@535west.com.

Privacy Rights of California Residents

If you are a resident of California, you have the rights set forth in this section. If there are any conflicts between this section and any other provision of this Privacy Policy, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at team@535west.com.

Access

You have the right to request certain information about our collection and use of your
Personal Data over the past 12 months, including the:

  • Categories of Personal Data that we have collected about you.
  • Specific pieces of Personal Data that we have collected about you.
  • Categories of sources from which that Personal Data was collected.
  • Business or commercial purpose for collecting your Personal Data.
  • Categories of third parties with whom we have shared your Personal Data.
  • Categories of Personal Data shared with third parties for a business purpose over the
    past 12 months, if applicable
Deletion

You have the right to request that we delete the Personal Data that we have collected about you, subject to certain exceptions under the CCPA: for example, we may need to retain your
Personal Data to provide you with the Site or services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we
may deny your deletion request.

Exercising Your CCPA Rights

To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are either the person about whom we have collected Personal Data or are an agent authorized by that person, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You may submit a Valid Request by emailing us at team@535west.com.

We will work to respond to your Valid Request within 45 days of receipt. We will not charge
you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or
manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify
you of the fee and explain that decision before completing your request.

You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

We Do Not Sell Your Personal Data

We will not “sell” your Personal Data, as that term is defined in the CCPA, and have not done
so over the last 12 months. We also do not sell the Personal Data of minors under 16 years
of age.

We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA

We will not deny you access to the Services or provide you with a lower quality of services if
you exercise your rights under the CCPA. If you have any questions about this section or whether any of the above rights apply to you, please contact us at team@535west.com.

Privacy Rights of Other United States Residents

California Resident Rights

California residents are entitled to contact us to prevent disclosure of Personal Data to third
parties for such third parties’ direct marketing purposes, under California Civil Code Sections
1798.83-1798.84. If you would like to submit such a request, please contact us at team@535west.com.

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt out of the sale of certain Personal
Data to third parties who intend to license or sell that Personal Data. If you are a Nevada Resident, you can exercise this right by contacting us at team@535west.com with the subject line “Nevada Do Not Sell Request” and providing us with your name. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.

Privacy Rights of European Union and United Kingdom Residents

The Site is hosted and operated in the United States (“U.S.”) by us and through our service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU or UK General Data Protection Regulation (collectively, the “GDPR”) with respect to your Personal Data, as outlined below. By using the Site, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to us in the U.S. and will be hosted on U.S. servers, and you authorize us to transfer, store, and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. pursuant to: (i) a data processing agreement incorporating standard data protection clauses promulgated by the European Commission, (ii) binding corporate rules for data protection that align with the GDPR’s requirements, or (iii) adherence to an industry- or technology-specific approved code of conduct blessed by the European Commission.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage, and disclosure. We will be the controller of your Personal Data processed in connection with your use of the Site

Personal Data Collection, Use, and Disclosure

The “Categories of Personal Data We Collect” subsection of this Privacy Policy above details
the Personal Data that we may collect from you, and “How We Share Your Personal Data” details how we may use or disclose your Personal Data.

Legal Basis for Processing

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity, and our “legitimate interests” or the legitimate interest of others, as further described below.

  • Contractual Necessity: We may process Personal Data as a matter of “contractual necessity.” In particular, we may need to process such data to perform under the Terms, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your
    inability to use portions of the Services that require such data.
  • Legitimate Interest: We may process the following categories of Personal Data when we have a legitimate interest that is not outweighed by your privacy rights:
    • Device/IP Data
    • Web Analytics
    • Other Identifying Information You Choose to Provide We may also de-identify or anonymize Personal Data to further our legitimate interests
  • Consent: In some cases, we may process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
  • Other Processing Grounds: From time to time, we may also need to process
    Personal Data to comply with a legal obligation, if and when it is necessary to protect
    the vital interests of you or other data subjects, or if it is necessary for a task carried
    out in the public interest.
EU and UK Data Subject Rights

You have certain rights with respect to your Personal Data, including those set forth below.

  • Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
  • ‍Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
  • ‍Erasure: You can request that we erase some or all of your Personal Data from our systems.
  • ‍Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time.
  • ‍Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
  • ‍Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
  • ‍Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
  • ‍Right to File Complaint: You have the right to lodge a complaint about our practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here.

For more information about these rights or to submit a request, please contact us at
team@535west.com.

Please note that in some circumstances, we may not fully comply with your request, such as
if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of any such determination. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

Changes to This Privacy Policy

We’re constantly trying to improve our Site and the other Services, so we may need to change this Privacy Policy from time to time. We will alert you to any such changes by placing a notice on the Site, by sending you an email and/or by other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Site and/or other Services, and you are still responsible for reading and understanding them. If you use the Site and/or other Services after any change to the Privacy Policy has been posted, your use will constitute your agreement to all such changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

Contact Information

If you have any questions about this Privacy Policy, the ways in which we collect and use your Personal Data, or your choices and rights regarding such collection and use, please do not hesitate to contact us at team@535west.com.

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