I.  PRIVACY POLICY

 

 

TrustServe provides fund administration services to private equity, real estate, venture capital, credit & family offices. Protecting your personal information and your privacy is important to us. This Policy applies to TrustServe and its subsidiaries (collectively, “TrustServe,” “we,” or “us”).

 

  1. Applicability If you do not agree to the terms of this privacy policy (“Policy”), please do not provide us with any information and do not use this website, www.trustserve.net (the “Site”). By using the Site and voluntarily providing your personally identifiable information to us, you consent to the collection and use of such personally identifiable information as set forth in this Policy.

 

  1. The Purpose of This Policy

 

This Policy describes our practices in connection with how we collect, use, share and protect personal information, and applies to personal information you provide us:

 

  • when you visit this Site or other online portals offered by TrustServe;
  • when you provide us personal information in connection with an inquiry about TrustServe’s services; and
  • when you provide us personal information as an investor or contact of a TrustServe client, potential client, vendor or other business partners.

 

  1. What Personal Information We Collect

 

The type of personal information we collect depends on the services we are providing. This information may include:

 

  • Identity Data, including name, username or similar identifier, date of birth, gender, marital status, and title;
  • Contact Data, including postal address, email address, and telephone numbers;
  • Financial Data, including bank or other financial account details;
  • Identification Data, such as Social Security number and driver’s license or passport numbers;
  • Device Data, including your Internet Protocol (IP) address, your login data, the domain and host from which you access the Internet, the date and time you access our online properties, browser and operating system data and the Internet address of the site from which you linked to our website;
  • Profile Data, including your username and password and your transactions, interests, communications and other preferences, feedback, and survey responses;
  • Usage Data, including data about how you use our websites and apps, products, and services; and
  • Marketing and Communications Data, including correspondence and other communications for the purposes of providing client support and your communication preferences.

 

  1. How We Collect and Use Personal Information

 

Personal information may be collected in electronic or physical form directly from the individual in question, through social media platforms, or from third parties including designated agents, accountants, lawyers, advisors or background check agencies.

 

TrustServe may use personal information only where lawful. In general, we use this information in connection with providing services related to a client agreement, to verify an identity, to comply with a legal obligation, and where necessary for our legitimate interests. The most common purposes are:

 

  • to perform TrustServe client acceptance procedures;
  • to comply with anti-money laundering laws and regulations;
  • to comply with other applicable legal and regulatory obligations;
  • to comply with our internal policies;
  • to register and create user accounts on our website and online portals;
  • to keep clients informed of other services that may be available to them;
  • to process electronic marketing communications or surveys where individuals are enrolled to receive this type of information; and
  • to process certain data when you interact with cookies and similar technologies.

 

Also, we may share in aggregate, statistical form, non-personal information regarding the visitors to the Site, traffic patterns, and Site usage with our partners, affiliates or advertisers

 

  1. Who We Share Personal Information With


We may share personal information with third parties where required by law, where necessary to provide the services related to a client agreement that we have entered into, or where we have a legitimate interest in doing so. The most common categories of recipients we may disclose personal information with are:

 

  • with any party for whom consent has been provided;
  • with any current or future TrustServe affiliate, subsidiary, or parent company;
  • with any vendor, contractor, subcontractor, business partner or third party service provider we interact with in connection with our operations, our Site, our online portals, or marketing, advertising, or other commercial purposes;
  • with clients, to the extent such information was provided to TrustServe for processing on the client’s behalf;
  • with any party involved in a merger, acquisition, sale, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control of TrustServe; and
  • with government or regulatory bodies we believe such disclosure is legally required to enforce applicable policies, to prevent or respond to a crime, or otherwise to protect against harm to the rights, property or safety of our users, the public and/or as required or permitted by law.

 

  1. Third Party Links

 

The Site provides links to other websites which have a separate privacy and data collection practices. Once you leave the Site, TrustServe cannot control, and has no responsibility for, the privacy policies or data collection activities at another website, including any personally identifiable information provided to such third party sites for registration or any other purpose.

 

  1. Cookies

 

At times we may send your computer a “cookie”. We do not use cookies to retrieve any personal information from your computer. You can reset your browser to refuse all cookies or indicate when a cookie is sent.

 

  1. How We Safeguard Personal Information

 

We are committed to protecting personal information from unauthorized access and use. We maintain a cybersecurity program and use reasonable security measures. These measures include physical, electronic and procedural measures reasonably designed to safeguard personal information from loss, misuse or unauthorized access. Only employees and service providers who need the information to perform a specific function are granted access to this information

 

Unfortunately, no data transmission or storage system is 100% secure. Although we do our best to protect personal information, we cannot guarantee its security. Any transmission of information is at the individual’s own risk.

 

  1. How Long We Retain Personal Information

 

The personal information we collect will generally be retained for seven years or longer as prescribed by law, rules or regulations, or recommended by regulators, professional bodies or associations.

 

  1. Rights and Choices

 

You may opt out from receiving marketing emails from us by following the instructions contained in each such email. Even if you opt out of marketing emails from us, we will continue to send you important administrative messages. You may opt out of receiving push notifications from us through the settings of your device.

 

Under certain circumstances, you may have a right to one or more of the following with respect to your personal information we process or control:

 

  • to request access to and obtain a copy of your personal information;
  • to request the correction of the personal information that we hold about you;
  • to request erasure of your personal information;
  • to object to processing of your personal information by us or on our behalf;
  • to request the restriction of processing of your personal information;
  • to have personal information transferred to another party;
  • to withdraw consent to processing; and
  • to lodge complaints with a data protection authority regarding any processing by us or on our behalf.

 

To exercise one or more of these rights or if you have any questions, please contact us dataprotection@trustserve.net. For requests to delete your personal information as permitted under applicable data protection laws, we will work with you to accomplish your requests unless otherwise exempted under applicable data protection laws, such as compliance with applicable law or regulatory inquiry.

 

You do not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

 

  1. Notice to TrustServe European Customers

 

Where Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “GDPR”) is the governing data protection legislation that applies to the personal data processed by TrustServe, the client shall be the “Controller” and TrustServe shall be the “Processor” as defined in the GDPR and this privacy policy shall not apply. Customers of our clients (e.g. investors or any person providing information in connection with obtaining a product or service from our client) should consult directly with our applicable client to obtain a copy of the privacy policy issued by the client as “controllers” which will apply in such instance.

 

TrustServe’s operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy.

 

  1. California Residents

 

Pursuant to California Civil Code Section 1798.83, a California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes, unless the business adopts and discloses to the public a policy of not disclosing customer’s personal information to third parties for their direct marketing purposes if the customer “opts out” of such communications. In that case, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost-free means to exercise that right.  If you use our “opt out” procedure, we will not disclose your personal information to third parties for the third parties’ direct marketing purposes.  California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there currently isn’t an industry or legal standard for recognizing or honoring DNT signals, we don’t respond to them at this time.

 

  1. Age Limitations

 

We do not knowingly collect or process personal information from anyone younger than 18 years old. If you learn that anyone younger than 18 has unlawfully provided us with personal data, please contact us and we will take steps to delete such information.

 

  1. Changes to this Policy

 

We reserve the right to update this Policy at any time. The updated Policy will be posted on the Site. Please visit https://www.trustserve.net/legal-privacy/ regularly so that you are aware of any updates.

 

 

  1. How to Contact Us

 

If you have any questions or concerns regarding this privacy Policy, please contact us dataprotection@trustserve.net.

 

 

 

 

 

II.  LEGAL

 

 

  1. Trademarks and Copyrights; Content

 

Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of TrustServe and their customers, licensors or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. TrustServe reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is the property of TrustServe, its licensors or content providers, and protected as a compilation under the copyright laws of the United States and other countries.

 

 

  1. Copyright infringement: Notice and Procedure for Reporting Claims

 

TrustServe respects the intellectual property of others, and we ask you and all of our Site users, affiliates, licensors and suppliers to do the same. We take claims of copyright infringements seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site are your copyrighted work and have been used in a way that constitutes copyright infringement, you may request removal of those materials (or access thereto) from the Site by submitting written notification to TrustServe Legal Department.

 

All written notices are to be sent to:

 

TrustServe

Attn: Legal Dept.

801 Brickell Key Boulevard

Suite 409

Miami, FL 33131

 

  1. Jurisdiction and Applicable Law

 

The laws of the State of Florida govern this Privacy Policy and Legal Disclaimer and your use of the Site, and you irrevocably consent to the jurisdiction of the courts located in the city of Miami, Florida for any actions arising out of or relating to this Policy. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of Florida and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and you should not use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

 

  1. Legal Disclaimer

 

This Site and its content, which may be modified from time to time, are subject to a:

 

  • Trademark and copyright notice
  • Legal disclaimer
  • Privacy policy (above)

 

And maintained for informational purposes only enhancing public access to information about TrustServe.

 

If you do not agree with these legal notices, please do not use the Site.

 

  1. No Warranty

 

The Site and content, including but not limited to text, graphics, links and other items, has been prepared based upon sources, materials, and systems believed to be reliable and accurate, and are provided to you on an “AS IS” and “AS AVAILABLE” basis. TrustServe makes no representations, and disclaim all express, implied, and statutory warranties of any kind to you or any third party, including but not limited to representations and warranties regarding accuracy, timeliness, completeness, merchantability, fitness for any particular purpose, non-infringement of third-party rights, and freedom from computer viruses.

 

  1. Third Party Websites.

 

The Site may contain links to third-party websites or resources. You acknowledge and agree that TrustServe is not responsible or liable for the availability, accuracy, or content of such websites or resources. Links to such websites or resources do not imply any endorsement by TrustServe.

 

  1. No Liability.

 

Neither TrustServe nor any of its affiliates, directors, officers, employees or consultants are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or materials contained on the Site, any linked website or any content available through the Site, including any error, delay, virus, defect, interruption or performance failure of any kind. Your sole remedy for dissatisfaction with the Site, content, services or any linked site is to stop your use of it.

 

  1. Disclaimer

 

THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. Indemnity.

 

You agree to defend, indemnify and hold harmless TrustServe, affiliates, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms and Conditions or TrustServe Privacy Policy, your use of materials or features available on the Website or (ii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

 

TrustServe may change this Site at any time without notice but does not assume any responsibility to update it. All users agree that all access and use of this Site and on any Site linked to from this site and the content thereof is at their own risk.