Privacy Policy and Terms
and Conditions for Use of
this Website

A&M Capital Website Privacy Policy

Our Commitment To Privacy

Your privacy is important to A&M Capital Advisors, LP and our affiliates (together, “AMC”, “our”, “us”, “we” or “Fund”). To better protect your privacy, we are providing information explaining our online information practices.

This Privacy Policy describes how we gather and use information for visitors of this site. Please read this Privacy Policy carefully.

Each entity of AMC will be a data controller of any personal data collected by us. If you have any questions regarding our use of your personal data, or this Privacy Policy, please contact info@am-capital.com.

We rely on various legal bases under applicable data protection legislation in order to process your personal data, including our legitimate interests, contractual necessity and as required by law. We use the personal data we collect to operate our business and provide you with the services and products we offer and perform essential business operations. We do not collect any special categories of personal data about you, nor information about criminal convictions and offences.

If we require your personal data due to a legal requirement or obligation or in order to perform a contract with you, we will make you aware of this at the time we collect your personal data, and the possible consequences of you failing to provide this personal data (e.g., we may require your passport details to verify your identity for the purposes of anti-money laundering regulations and failure to provide this information means that we cannot provide our services or products to you). In this case, we may have to cancel a service or investment you have with us but we will notify you if this is the case at the time.

Further information about the legal bases under which we process your personal data is included in the section headed “Why we use your personal data”.

You do not need to take any action as a result of this Privacy Policy, but you do have certain rights as described below in the section headed “Your rights”.

How We Obtain Your Personal Data

We collect your personal data when you decide to interact with us and we only collect the information necessary to carry out our business for the purposes set out below. You can provide us with personal data via the “Contact Us” details on the site including by email, post and telephone, or via the “Investor Login” page. The personal data we collect about you includes your name, name of your employer address, title, job title, position, telephone number and email address, social insurance number, passport information, and financial information. We may also collect information about you through automated technology, such as cookies or other online identifiers. For further information on the types of cookies and the purposes for which we use such cookies, please see our cookie policy.

Information regarding how we process personal data collected via the “Investor Login” page, is set out in our applicable Private Placement Memorandum and/or Subscription Booklet.

We also process information in relation to companies that we are evaluating in connection with a potential investment in or purchase of such companies. This personal data is obtained via third parties (i.e., the company in question). Personal data is also obtained from placement agents that we engage to market our applicable services.

Why We Use Your Personal Data

To the extent that you provide us with, or we otherwise collect, any personal data, through or in connection with this site, we may use such information for the below purposes and may process your personal data on more than one legal basis depending on the specific purpose:

No automated decision-making or profiling, is used when processing your personal data.

Information Requests

We will only send you information communications where you have requested information from us relating to our products and services which you might be interested in, including by emailing the “general enquiries” email address listed in the “contact” section of the website. You may request we stop sending you information communications by emailing info@am-capital.com at any time

Disclosure and Transfer of Personal Data

Although we do our best to protect your personal data, we cannot guarantee the security of any information or data transmitted to or through our site; any transmission of information or data by you to or through this site is at your sole risk.

Your personal data will be shared with and processed by our affiliates and certain service providers as necessary to fulfil the purposes set out in this policy, including legal and financial professional advisors, recruitment firms, agents, contractors, and data hosting providers, and in some instances, placements agents and other fund administrators. We make sure anyone who provides a service to, or for us, enters into an agreement with us and meets our standards for data security. We may also share your personal data with regulatory authorities. To the extent your personal data is transferred to countries outside of the EEA, such transfers will only be made in accordance with applicable data privacy laws. For further information about the safeguards used, please contact info@am-capital.com.

We reserve the right to disclose your personal data as required by law, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator, national security, for the purposes of public importance or any other legal or investigatory process involving us. Should we, or any of our affiliated entities, be the subject of a takeover, divestment or acquisition we may disclose your personal data to the new owner of the relevant business and their advisors.

Security and Retention of Personal Data

We are committed to protecting the personal data you entrust to us. We adopt robust and appropriate technologies and policies, so the information we have about you is protected to the extent possible from unauthorized access and improper use. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

We will keep your personal data only for as long as is reasonably necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required by law. We will not keep more information than we need for those purposes. For further information about how long we will keep your personal data, please contact info@am-capital.com.

Capacity

This site is only intended for individuals who are at least 13 years of age. We do not knowingly encourage or solicit visitors to this site, or collect personal data (without parental consent), from anyone who is under the age of 13. If we learn we have collected or received personal data from an individual under the age of 13, we will delete that information.

Your Rights

Note that this section of the Privacy Policy only applies to the extent that you are a data subject who is resident of the United Kingdom (“UK”), the European Union (“EU”) or the European Economic Area (“EEA”). You have the right to access and control (in certain ways) the personal data we process about you. To exercise these rights and controls, please contact info@am-capital.com.

We may need to request specific information from you to help us confirm your identity and ensure your right to exercise the above rights. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Notification of Changes

We reserve the right to amend this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post those changes so our users are always aware. If at any point we decide to collect personal data or use any collected information in a manner different from that stated at the time it was collected, we will notify applicable users. We will use information only in accordance with the Privacy Policy under which the information was collected.

Contact Us

If you have any questions or concerns about this Privacy Policy, please contact info@am-capital.com.

Complaints

To the extent that you are a data subject who is resident of the United Kingdom (“UK”), the European Union (“EU”) or the European Economic Area (“EEA”), should you wish to lodge a complaint with regards to how your personal data has been processed by us, please contact your local supervisory authority. In the UK, this is the Information Commissioner’s Office – https://ico.org.uk/global/contact-us.

The supervisory authority in respect of the Cayman DPL is the Ombudsman of the Cayman Islands: https://ombudsman.ky/

Introduction

We set and use cookies to run website analytics. The use of cookies aims to help improve your user experience. More information about how we use cookies and how you can manage your settings, is set out below.

What is a Cookie and Types of Cookies

A cookie is a small text file placed on your device or computer and is used to identify the user or device and to collect data. The text often consists of a string of numbers and letters that uniquely identifies your computer, although it may contain other information as well. In summary, the cookies mean that the website will remember you and how you’ve used the website every time you revisit it.

If you wish to know more about cookies, you will find links to some useful resources below. https://us.norton.com/internetsecurity-how-to-what-are-cookies.html https://computer.howstuffworks.com/internet/basics/question82.htm

What We Use Cookies For

We use cookies for several purposes. To make it easier for you to understand why we need them, we have put our cookies into the following categories (based on the guidelines found in the UK Information Commissioner’s Office’s Cookie Guide):

1. Strictly Necessary Cookies: These cookies are essential to enable you to move around the website and use its features. Without these cookies, we may not be able to provide certain services you have asked for.

2. Performance Cookies: These cookies collect information about how you use the website. This information may include the internet browser used, the domain name of a website previously visited, and traffic log data to identify which pages are being used. These cookies are used to help us analyse data about web page traffic, optimise the website and make it more user-friendly.

3. Functionality Cookies: These cookies allow the website to remember choices you make and provide enhanced, more personal features. For example, we may store your intranet username and password, language preference, or your geographic location. We may also remember preferences such as text size, fonts and other customisable site elements. The information these cookies collect may be anonymised, will not personally identify you and cannot track your browsing activity on other websites.

We use Google Analytics to collect statistical information about how you use the website. We use the information to improve the website. The cookies collect information relating to the number of visitors to the website, and where the visitors have come to the website from. Further details are provided in the table below:



Managing Cookies

It is important that you understand what cookies are being used by us, so please make sure you read this policy carefully. Where cookies are not necessary for us to provide the services you have requested, we will ask you to consent to their use when you first visit the website. If you wish to then manage the cookies we use, you have the ability to change the settings on your internet browser to see what cookies you have and delete them individually, accept all cookies, to notify you when a cookie is set, or to not receive cookies at any time. You can visit the ‘options’ or ‘preferences’ menu on your browser to change cookie settings. We will not need your consent to use non-privacy intrusive cookies which are necessary for the functioning of the website (i.e. the ‘Strictly Necessary Cookies’ as described in the “What We Use Cookies For” section above. Please note that if you ‘opt-out’ and choose not to consent to the use of particular cookies, we may be unable to provide certain services to you (which we will indicate at the point you opt-out).

You may wish to know more about cookies. Below are some useful resources that will provide you with detailed information about types of cookies, how they are used, and how you can manage your cookie preferences: www.aboutcookies.org/ or www.allaboutcookies.org/.

A&M Capital Advisors Europe LLP

Commitment to the UK Stewardship Code

Under Rule 2.2.3R of the Financial Conduct Authority's (“FCA”) Conduct of Business Sourcebook, A&M Capital Advisors Europe LLP (“A&M” or “the Firm”), to the extent it is managing investments for a professional client (as defined by the FCA), is required to include a disclosure about the nature of its commitment to the UK Financial Reporting Council's Stewardship Code (the "Code") or, where it does not commit to the Code, explain its considered choice based on the Firm’s investment approach. The Code is a voluntary code and sets out a number of principles relating to engagement by investors in UK-listed companies.

A&M invests in a variety of asset classes in a number of jurisdictions globally and exposure to UK companies is relatively limited. Whilst A&M generally supports the objectives that underlie the Code, the current approach of the Firm in terms of engagement with issuers and their management is determined by the governing body/investment team. The global approach is consistent in each jurisdictions in which it invests. The Firm has therefore chosen not to commit to the Code at this time.

Terms of Use, Legal Notices and Disclaimers

Thank you for visiting the website of A&M Capital Advisors, LP, its affiliates and its related investment entities (“A&M Capital,” “we” or “us”). Please read these Terms of Use, Legal Notices and Disclaimers (the “Terms of Use”) carefully. By accessing this website (including all content, information and materials made available thereon (the “Content”), the “Website”) you accept and agree to be bound by the Terms of Use and our Privacy Policy, which constitute a legal agreement between you and A&M Capital. A&M Capital may update the Website and/or the Terms of Use, at any time at its sole discretion, without notice to you. If we update our Terms of Use, we will post the updated Terms of Use here. Any such changes will be effective upon posting. You should consult the “Terms of Use” bar on this Website each time you visit the Website. If you do not agree with it, you should not use the Website. The Terms of Use do not amend or supersede any previous written agreements you may have with A&M Capital (“Other Agreements”). In the event of any inconsistency between these Terms of Use and any Other Agreements, the Other Agreements will govern.

If you have any questions or comments about these Terms of Use, please contact us at info@am-capital.com.

No Offer or Advice

The Website is for informational purposes only and is intended to provide general information regarding A&M Capital’s capabilities for prospective portfolio companies and management teams only. You acknowledge and agree that the Website is not intended to and should not be considered an offer to sell or a solicitation of an offer to purchase interests in any securities, investment product or financial instrument, nor an offer of investment management or advisory services, and should not be relied upon for such purposes. Nothing in the Website should be deemed a recommendation to buy, sell or hold any security or other investment or a recommendation to pursue any investment style or strategy. You further acknowledge and agree that the Website is not intended to and does not constitute an offer or a solicitation of an offer to enter into an investment advisory relationship. Dated Content speaks only as of the date indicated.

This Website does not provide specific investing advice or strategies to any individual. The investments and strategies discussed in the Content may not be suitable for all investors. The Website does not intend to and may not be relied on in any manner as legal, tax, investment, accounting or other advice. You are encouraged to consult with your own advisors with respect to your individual circumstances and needs if you would like investment, accounting, tax or legal advice. You agree that A&M Capital will not be liable for any action you take or decision you make in reliance on any Content.

Past Performance; Forward-Looking Statements

Nothing contained on the Website constitutes a guarantee, projection or prediction of future events or results. There can be no assurance that A&M Capital will be able to implement its investment strategies and investment approaches or achieve its investment objectives. Trends and historical events do not imply, forecast or predict future events. There can be no assurance that the assumptions made or the beliefs and expectations currently held by A&M Capital will prove correct and actual events and circumstances may vary significantly.

Certain Content may constitute “forward-looking statements,” which reflect our current views with respect to, among other things, the operations and performance of our businesses. Due to various risks and uncertainties, you should not rely on such forward-looking statements, and no representation or warranty is made as to future events or results or such forward-looking statements. We undertake no obligation to publicly update or review any forward-looking statement.

Limitation of Liability; Disclaimers; Indemnity

A&M Capital, its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, agents and representatives (“Related Parties”) assume no responsibility for, and make no representations or warranties, and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Website, including but not limited to the implied warranties of merchantability or fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery, that, functions contained at the Website will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses, bugs or other harmful components. The Website is provided on “as is” and “as available” basis.

A&M Capital, its affiliates and their Related Parties shall not be liable to any party for any claims, liabilities, losses, costs or damages under any theory, including but not limited to any direct, indirect, punitive, special, incidental, consequential or exemplary damages that result from the access or use of, or the inability to access or use, the Website even if A&M Capital has been advised of the possibility of such damages. You agree to indemnify, defend and hold harmless A&M Capital, its affiliates and their Related Parties against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from your breach of these Terms of Use and/or your activities in connection with the Website. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

Ownership; Restrictions on Use

All Content, such as graphics, logos, articles and other materials, is the property of A&M Capital or others and is protected by copyright and other laws. All trademarks and logos displayed on the Website are the property of their respective owners, who may or may not be affiliated with A&M Capital. Anything transmitted to the Website by you will be deemed non-confidential as between you and us, and A&M will be free to use, modify, reproduce and distribute it for any purpose without compensation to you.

Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content or trademark displayed on this Website without the written permission of A&M Capital or such other third party that may own the Content or trademark displayed on this Website. If you link other websites to this Website, you may not imply or suggest that A&M Capital has endorsed or is affiliated with such websites and you may not display this Website as “framed” within another website. A&M Capital reserves all rights with respect to ownership of all Content on this Website, including all intellectual property rights therein, and will enforce such rights to the full extent of the law.

The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations in connection with accessing and using the Website, and that you will not violate the rights of any person, interfere with the functioning of the Website or restrict or inhibit any others from using the Website or attempt to violate the security of this Website or use or gain access to the identities, information or computers of others through this Website. A&M Capital has the right (but not the obligation) to monitor this Website for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you and we may at any time revoke your right to use all or any portion of the Website. A&M Capital may investigate any complaint regarding or suspected violation of these Terms of Use, and may report any activity relating to this Website to regulators, law enforcement officials or other persons or entities that it deems appropriate.

International Use

The Website is not intended for distribution to, or use by, any person or entity in any jurisdiction, country or territory where such distribution or use would be contrary to law or regulation or which would subject A&M Capital to any registration or other requirement within such jurisdiction, country or territory. Visitors who choose to access this Website do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access and use. Access to the Website is prohibited where such access or use violates applicable laws and regulations.

UK Restrictions

A&M Capital is not responsible to any visitor to this Website for providing protections that would be afforded to clients or for advising any such person on any transaction or investment. None of the contents of this Website should be construed as investment, legal or tax advice. To the extent that any of the contents of this Website amounts to an invitation or inducement to engage in investment activity, the promotion of such content is restricted under the Financial Services and Markets Act 2000. For such purposes, A&M Capital is an unauthorized person. The communication of information on this Website is directed only at and made only to persons who are professional investors who fall within the following categories of persons under the Financial Services and Markets Act (Financial Promotion) Order 2005, as amended (the “Order”): (a) persons having professional experience relating to private equity investments and are ‘investment professionals’ as defined in article 19(5) of the Order; and (b) high net worth undertakings (broadly companies with GBP 5 million or more called up share capital or net assets and trustees of trusts with GBP 10 million or more gross assets) as defined in article 49 of the Order. Any investment activity or related transaction is only available to such investors and will only be entered into with such investors. No other person should rely or act upon the content of the Website.

Privacy Notices

For information regarding A&M Capital’s privacy policies and security practices, please review A&M Capital’s Privacy Policy.

Non-Public Investor Sections of the Website

Certain areas of the Website are password-protected. You may not attempt to access any password-protected areas of the Website without authorization. If you are a limited partner investor of, or an employee or agent of a limited partner investor of, A&M Capital, you may have been granted access to certain non-public portions of the Website, operated by Sungard, through a uniquely assigned investor log-in (“Investor Sections”). In addition to these Terms of Use, your use of the Investor Sections may also be governed by Other Agreements, including client agreements with us, any applicable user agreements and all applicable laws and regulations. If you have been granted access to the Investor Sections by A&M Capital, you agree that A&M Capital has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access other computer files. All information that A&M Capital provides to website users supplying a password is confidential and intended solely for the information of its intended recipient and/or such recipient’s financial, legal or tax advisors, provided that such advisors agree not to disclose any information that is confidential. You must maintain confidentiality of your log-in information and you remain solely responsible for all usage of the Investor Sections of the Website through your account, whether such use is made by you or anyone else. You must immediately notify us of any known or suspected unauthorized use of your login information or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your log-in information.

Miscellaneous

If any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall be interpreted in accordance with the laws of the State of New York and any applicable Federal Laws in the United States. Any action related to these Terms of Use must be brought in a State or Federal court located in New York County in the State of New York, and you agree to waive trial by jury in any such action. Subject to applicable laws, any failure by A&M Capital to act on any of its rights, or enforce any of the Terms of Use shall not be considered a waiver of any such rights to act on or to enforce the Terms of Use at any point in the future.

California Supplemental Website Privacy Policy

This California Website Privacy Policy supplements the A&M Capital Website Privacy Policy with respect to specific rights granted under the California Consumer Privacy Act of 2018 (as amended, the “CCPA”) to natural person California residents and provides information regarding how such California residents can exercise their rights under the CCPA. This supplement is only relevant to you if you are a resident of California as determined in accordance with the CCPA. Information required to be disclosed to California residents under the CCPA regarding the collection of their personal information that is not set forth in this CCPA supplement is otherwise set forth in the A&M Capital Website Privacy Policy. To the extent there is any conflict with the privacy requirements under the Gramm-Leach-Bliley Act and/or Regulation S-P (“GLB Rights”), GLB Rights shall apply.

What Does This Supplemental Website Privacy Policy Apply to?

This Website Privacy Policy applies solely to your interactions with us through our site (as defined below). If you provide personal information to use through another means (e.g., as an employee or seeking employment, as a client, or as an investor) you will receive a separate privacy notice and that notice will govern that personal information.

Your Rights under the CCPA

Deletion Rights: You have the right to request that we delete any of your personal information that we retain, subject to certain statutory exceptions, including our compliance with U.S., state, local and non-U.S. laws, rules and regulations. We will notify you in writing if we cannot comply with a specific request and provide an explanation of the reasons.

Disclosure and Access Rights: You have the right to request that we disclose to you certain information regarding our collection and use of personal information specific to you over the last twelve (12) months. Such information includes:

  • The categories of personal information we collected about you;
  • The categories of sources from which the personal information is collected;
  • Our business or commercial purpose for collecting such personal information;
  • The categories of third parties with whom we share the personal information;
  • The specific pieces of personal information we have collected about you; and
  • Whether we disclosed your personal information to a third party, and, if yes, the categories of personal information that each recipient obtained.

No Discrimination: We will not discriminate against you for exercising your rights under the CCPA, including by denying service, suggesting that you will receive, or charging, different rates for services or suggesting that you will receive, or providing, a different level or quality of service to you.

How to Exercise Your Rights: To exercise any of your rights under the CCPA, or to access this notice in an alternative format, please submit a request on your behalf using any of the methods set forth in the Contact us section below.

Contact Us

For any requests relating to the exercise of your rights under the CCPA, or questions regarding our processing of your personal information, please submit or have your authorized representative submit a request using any of the methods set forth below.

Call us using the following toll-free number: 1-844-977-2060
Submit a request online using the following email: info@a-mcapital.com

We will contact you to confirm receipt of your request under the CCPA and request any additional information necessary to verify your request. We verify requests by matching information provided in connection with your request to information contained in our records. Depending on the sensitivity of the request and the varying levels of risk in responding to such requests (for example, the risk of responding to fraudulent or malicious requests), we may request further information or your investor portal access credentials, if applicable, in order to verify your request.

You may designate an authorized agent to make a request under the CCPA on your behalf, provided that you provide a signed agreement verifying such authorized agent’s authority to make requests on your behalf, and we may verify such authorized person’s identity using the procedures above.

Our goal is to respond to any verifiable consumer request within forty-five (45) days of our receipt of such request, but in certain cases, additional time might be required. Please contact the Chief Compliance Officer at the email address above with any questions about this California Website Privacy Policy.

© Copyright 2020 A&M Capital Advisors, LP. All rights reserved.

This Privacy Policy was last updated on March 2020.