Privacy Statement
May 25, 2022
This Rotunda Capital Partners, LLC Privacy Statement ("Privacy Statement") describes how Rotunda Capital Partners, LLC ("Rotunda") may collect, use, and share the Personal Information you provide and that we collect in relation with your use of our website (“Site”), ”), features or content owned or operated by Rotunda (collectively, the “Service(s)”) that reference this Privacy Statement.
Please carefully review this Privacy Statement. Your use of the Site is an acknowledgement that you have read, understood and agree to the practices described in this Privacy Statement. If you do not agree to the terms of this Privacy Statement, please do not use our Services. Your use of the Services also constitutes your acknowledgement that you have read and agreed to the Site's Terms of Use and Important Disclosures.
Notification of Changes. We reserve the right to amend this Privacy Policy from time to time and for any reason, in our sole discretion, without notice, by updating this Privacy Policy. Accordingly, users are strongly encouraged to review our Privacy Policy regularly. If we decide to change our Privacy Policy, we will post those changes so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to collect personal information or use any collected information in a manner different from that stated at the time it was collected, we will notify users by posting changes on this page. We will use information only in accordance with the Privacy Policy under which the information was collected. Your continued access or use of this website following the posting of changes to this Privacy Policy means that you accept such revisions, changes, and/or amendments. If you object to any of the changes to this Privacy Policy, please stop accessing this website. Please check this page frequently and review any changes to this Privacy Policy carefully so you are aware of any changes, as they are binding on you.
Please note that our Site may contain links to third-party websites, such as social media pages. These links are intended for your convenience only. These third-party websites and services are not related to Rotunda and may have separate privacy policies and data collection practices. We have no responsibility for these websites or their privacy practices and encourage you to read the privacy policies of all websites you visit.
If you have questions about our privacy practices, you can send an e-mail to finance@rotundacapital.com.
Personal Information we Collect
We collect Personal Information from you when you visit our Site. Personal Information is any information that relates to you, identifies you personally or could be used to identify you, such as your name, email address, phone number and address. The types of Personal Information that we may collect about you include, but are not limited to:
Information You Provide to Us. We collect information you give us when you use our Services. For example, when you contact us, we may ask your name, email address, date of birth and zip code.
Information About Your Use of Our Services. We may collect information about your use of the Services. For example, we may collect:
Device information, such as your hardware model, IP address, other unique device identifiers, operating system version and settings of the device you use to access the Services. We use such information for diagnostic and statistical purposes and to administer the Site.
Site usage information regarding customer traffic patterns and website usage. This information is used to analyze and improve this Site and to provide customers with a better user experience.
Your preferences to make your use of the Site more productive by the use of cookies, as described in more detail below.
Information Collected from Other Sources. We may receive information about you from other sources to help us correct or supplement our records, improve the quality or personalization of our service to you, and prevent or detect fraud.
Cookies and Other Tracking Technologies
Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information. The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device until they expire or are deleted.
The cookies used on our Site and Services may be categorized as:
Strictly Necessary Cookies, which are needed for the Site or Services to operate as reasonably expected by you.
Functional or Preference Cookies, which remember your name or choices.
Performance or Analytic Cookies, which collect passive information about your use of the Site or Services.
Advertising or Targeting Cookies, which are used to make advertising messages more relevant and personalized to you based on your inferred interests.
We use first-party and third-party cookies for the following purposes: to make our Services function properly, to improve our Site or services, to make login to our Site or services easier (such as by remembering your User ID), to recognize you when you return to our Site, to track your interaction with the Site or services, to enhance your experience with the Site or services, to remember information you have already provided, to collect information about your activities over time and across third-party websites or other online services in order to deliver content and advertising tailored to your interests; and to provide a secure browsing experience during your use of our Site or services.
Your Choices
Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. You can exercise your preferences in relation to cookies served on our Site by taking the steps outlined below.
First-Party Cookies. You can use the browser with which you are viewing this Site to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if you set your browser to disable cookies, you may not be able to access secure areas of the Site. Also, if you disable cookies other parts of the Services may not work properly. You can find more information about how to change your browser cookie settings at allaboutcookies.org.
Third-Party Cookies. To opt-out of third-party advertising networks and similar entities that use advertising cookies go to aboutads.info/choices. Once you click the link you may choose to opt-out of such advertising from all participating advertising companies or only advertising provided by specific advertising entities. For more information about third-party advertising networks and similar entities that use these technologies, please see aboutads.info/consumers
Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out of interest-based targeting provided by participating ad servers through the Digital Advertising Alliance (optout.aboutads.info) or the Network Advertising Initiative (optout.networkadvertising.org). In addition, on your iPhone, iPad or Android mobile device, you can change your device settings to control whether you see online interest-based ads.
We do not control third-parties’ collection or use of your information to serve interest-based advertising. However, these third-parties may provide you with ways to choose not to have your information collected or used in this way. In addition, most web browsers provide help pages relating to setting cookie preferences. More information may be found for the following browsers here:
How We Use Your Personal Information
We will only use your Personal Information as described in this Privacy Statement or as disclosed to you prior to such processing taking place.
To Provide You Our Services. We will use your Personal Information to provide information or perform services that you request. If the applicable information is to be provided or service is to be performed by a third party, then we will disclose the applicable information to the third party providing the information or performing applicable services. Your information may be available or provided only to those third-party service providers and contractors that are contractually obligated to protect your information as disclosed in this Privacy Statement.
For Internal Use. We will use your Personal Information for the purposes of furthering our business, including analyzing your information and other uses. We may monitor how our users use our Site including without limitation pages visited and links clicked. This information may be stored with an IP address. This information is used solely for purposes of enabling us to provide you with a more meaningful Site experience. Aggregated forms of this data may also be used for research purposes in order to develop new products and identify future features and functions to develop for the Site.
To Provide Customer Support or Respond to You. We collect any information that you provide to us when you contact us, such as with questions, concerns, feedback or issues. Without your Personal Information, we cannot respond to you or ensure your continued use and enjoyment of the Services.
To Enforce Compliance with Our Terms and Agreements or Policies. When you access or use our Services, you are bound to our Terms of Service and this Statement. To ensure you comply with them, we process your Personal Information by actively monitoring, investigating, preventing and mitigating any alleged or actual prohibited, illicit or illegal activities on our Services. We also process your Personal Information to: investigate, prevent or mitigate violations of our internal terms, agreements or policies; enforce our agreements with third parties and business partners; and, as applicable, collect fees based on your use of our Services. We cannot perform our Services in accordance with our terms, agreements or policies without processing your Personal Information for such purposes.
To Ensure the Security of the Services. We care about keeping you secure and safe while using our Services. Keeping you safe requires us to process your Personal Information, such as your device information, activity information and other relevant information. We use such information to combat spam, malware, malicious activities or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not gain access to your information. We cannot ensure the security of our Services if we do not process your Personal Information for security purposes.
To Maintain Legal and Regulatory Compliance. Our Services are subject to certain laws and regulations which may require us to process your Personal Information. For example, we process your Personal Information to pay our taxes, to fulfill our business obligations or as necessary to manage risk as required under applicable laws. Without processing your Personal Information for such purposes, we cannot perform the Services in accordance with our legal and regulatory requirements.
To Engage in Marketing Activities. Marketing lets us grow our community and update you about new products and services. We process your contact information or information about your interactions on our Services to: send you marketing communications and keep you updated about our products and services; provide you with information about events or other materials; and deliver targeted marketing to you. See Cookies and Other Tracking Technologies section of this Privacy Statement for more information about tracking techniques we use for our marketing campaigns.
Disclosure of Your Personal Information
We may disclose your Personal Information as described below.
Within Our Corporate Organization. Rotunda is a part of a corporate organization that has many legal entities, business processes, management structures and technical systems. Rotunda may share your Personal Information with this organization in order to provide you with the Services and take actions based on your request.
Affiliated Businesses. We work closely with affiliated businesses. Our affiliated businesses will identify themselves to you at the time of data collection. As permitted by law or your consent, your Personal Information related to a transaction with an affiliated business is shared with that affiliated business.
Mergers and Acquisitions. Circumstances may arise where for business reasons, Rotunda decides to sell, buy, merge or otherwise reorganize its businesses in the United States or some other country. Such a transaction may involve the disclosure of Personal Information to prospective or actual purchasers and/or receiving such information from sellers.
Our Business Partners. We may share your Personal Information with our business partners to be able to provide you our Services and support. These business partners may engage additional companies to be able to support us. These companies may use your Personal Information only to assist the business partners in communicating with you about the Site and to help business partners in assisting us with operating the Services. Such companies do not have any independent right to use or disclose your Personal Information except as we request.
To Maintain Legal and Regulatory Compliance. Under certain circumstances, Personal Information may be subject to disclosure pursuant to a judicial or other government subpoenas, warrants or orders. As permitted by law, we will try to inform you of such a disclosure prior to providing our response.
To Protect You, Us or Others. We may share your Personal Information if we believe, in good faith, that such disclosure would protect your interests or rights or the interests or rights of others, including Rotunda and its personnel.
Retention and Security of Personal Data
We consider the protection of personal information to be a sound business practice, and to that end, employ appropriate technical and organizational measures, including robust physical, electronic and procedural safeguards to protect personal information in our possession or under their control. Personal information may be kept for as long as it is required or advisable for legitimate business purposes, to perform contractual obligations or, where longer, as long as is required to comply with applicable legal or regulatory obligations. Please recognize that protecting your Personal Information is also your responsibility. We ask you to be responsible for safeguarding your Personal Information you share with us on our Services.
Children
Our Services are not directed to, and we do not knowingly collect Personal Information from, persons under the age of 18. If you are under 18 years of age, you must immediately leave this Site. Under no circumstances may you use our Services or submit Personal Information to us if you are under 18 years of age. If we become aware that someone who is under 18 years of age has provided us with Personal Information, we will take steps to delete such information from our files.
Notice to Individuals in the European Economic Area, the United Kingdom and Switzerland
This section only applies to individuals that access or use our Services while located in the EEA, United Kingdom and/or Switzerland (collectively, the “Designated Countries”). We may ask you to identify which country you are located in when you use some of the Services or we may rely on your IP address to identify which country you are located in.
When we rely on your IP address, we cannot apply the terms of this section to any individual that masks or otherwise hides their location information from us so as not to appear located in the Designated Countries. If any terms in this section conflict with other terms contained in this Privacy Statement, the terms in this section shall apply to users in the Designated Countries.
International Transfers of Personal Information. We may store, process and transmit personal information in locations around the world, including locations outside of the country or jurisdiction where you are located. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. If you do not want your information transferred to or processed or maintained outside of the country or jurisdiction where you are located, you should not use our Services. We transfer your personal information subject to appropriate safeguards as permitted under the applicable data protection laws. Specifically, when your personal information is transferred out of the Designated Countries, we have the required contractual provisions for transferring personal information in place with the third parties to which your information is transferred. For such transfers, we rely on legal transfer mechanisms such as Binding Corporate Rules, Standard Contractual Clauses, or we work with U.S.-based third parties that are certified under the EU-US and Swiss-US Privacy Shield Framework.
Our Relationship to You. Rotunda is a controller with regard to any Personal Information collected from individuals accessing or using its Services. A “controller” is an entity that determines the purposes for which and the manner in which any Personal Information is processed.
Marketing. We will only contact individuals located in the Designated Countries by electronic means (including email or SMS) based on our legitimate interests, as permitted by applicable law or the individual’s consent. When we rely on legitimate interest, we will only send you information about our Services that are similar to those which were the subject of a previous sale or negotiations of a sale to you. If you do not want us to use your Personal Information in this way or to disclose your Personal Information to third parties for marketing purposes, please click an unsubscribe link in your emails or contact us at privacy@hornblower.com. You can object to direct marketing at any time and free of charge.
Legal Bases for Processing Your Personal Information. Article 6(1) of the GDPR describes when processing can be done lawfully. When we process your personal information for a specified purpose, we shall apply one of the Article 6 legal bases described below.
Whenever we require your consent for the processing of your Personal Information such processing will be based on Article 6(1) lit. (a) GDPR.
If the processing of your Personal Information is necessary for the performance of a contract between you and GT or for taking any pre-contractual steps upon your request, such processing will be based on Article 6(1) lit. (b) GDPR. If this data is not processed, GT will not be able to execute the contract with you.
Where the processing is necessary for us to comply with a legal obligation, we will process your Personal Information on basis of Article 6(1) lit. (c) GDPR, for example for complying with obligations under anti-money laundering laws.
Where the processing of your Personal Information is necessary for the purposes of Rotunda or another party’s legitimate interests, such processing will be made in accordance with Article 6(1) lit. (f) GDPR, for example to enforce legal claims.
Your Individual Rights. We provide you with the rights described below when you use our Services. We may limit your individual rights requests in the following ways: (a) where denial of access is required or authorized by law; (b) when granting access would have a negative impact on other’s privacy; (c) to protect our rights and properties; and (d) where the request is frivolous or burdensome. If you would like to exercise your rights under applicable law, please contact us at finance@rotundacapital.com. When we fulfill your individual rights requests for correct (or rectification), erasure or restriction of processing, we will notify third parties also handling the relevant Personal Information unless this proves impossible or involves disproportionate effort. In certain circumstances, you have the following data protection rights:
The Right to Access or Delete the Information – You have the right to access, or request that we update or deletion your Personal Information, subject to certain exceptions.
The Right of Rectification – You have the right to have your Personal Information rectified if that information is inaccurate or incomplete.
The Right to Object – You have the right to object to our processing of your Personal Information.
The Right of Restriction – You have the right to request that we restrict the processing of your Personal Information.
The Right to Data Portability – You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The Right to Withdraw Consent – You also have the right to withdraw your consent at any time where we relied on your consent to process your Personal Information.
Automated Individual Decision-Making, Including Profiling – While you do have the right not to be subject to a decision based solely on automated processing of your Personal Information, including profiling, under applicable law, we do not subject your Personal Information to such processing activities.
Please note that we may ask you to verify your identity before responding to such requests.
If you believe that we have infringed or violated your rights under this Privacy Statement, please contact us at finance@rotundacapital.com so that we can work with you to resolve your concerns. You also have the right to complain to a data protection authority about our collection and use of your Personal Information.
Contact Us
If you have any questions about this Privacy Statement, please contact us by email at finance@rotundacapital.com
Terms of Use and Important Disclosures
Visitors to the Rotunda Capital Partners, LLC website are asked to read the following:
TERMS AND CONDITIONS
The information offered by Rotunda Capital Partners, LLC (“Rotunda”) on its website (the “Site”) is subject to certain terms and conditions (the “Terms and Conditions”). These Terms and Conditions apply to all users. By entering the Site or by transmitting any information to the Site you acknowledge and agree to all of the Terms and Conditions. Please read them carefully. If you do not agree to the Terms and Conditions, please do not use the Site. Any use of the Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We reserve the right to revise these Terms and Conditions at any time and for any reason, without notice or obligation, by updating this posting. Your continued use of the Site following the posting of any changes to the Terms and Conditions will mean that you accept such amendments. We strongly recommend that you periodically visit this page of the Site to review the Terms and Conditions.
COPYRIGHTS AND TRADEMARKS
The content on the Site, including the compilation of such content, and the software used on the Site, is the exclusive property of Rotunda or others and is protected by U.S. and international copyright laws. No portion of the Site, including, without limitation, the text or images may be used in any manner, or for any purpose, without the prior express written permission of Rotunda, except as provided herein under “Restricted Use of Site Materials” below. Rotunda will aggressively enforce its intellectual property rights to the full extent of the law. Any unauthorized use of such materials may subject you to penalties or damages, including, without limitation, those related to violation of trademarks, copyrights, privacy, and publicity rights.
RESTRICTED USE OF SITES MATERIALS
Rotunda grants you a limited license to access and make use of the Site. For your personal use only, you may print copies of the information from the Site and you may store information from the Site on your own computer. You may not modify the Site, or any portion thereof, for any reason. Any unauthorized use terminates the permission or limited license granted by Rotunda. Rotunda reserves all other rights.
LINKING, POSTING AND TRANSMITTING
Although Rotunda provides the information accessible on the Site for your personal, non-commercial use, Rotunda retains all property rights, including, without limitation, property rights under U.S. and international copyright law, to all such information. Without the prior express written permission of Rotunda or as set forth under “Restricted Use of Site Materials” above, you MAY NOT do any of the following: (A) hyperlink to the Site, whether to its homepage or to an interior page; (B) include information from the Site on another site, on a server computer, or in documents; (C) modify or re-use the information from the Site; or (D) transmit any commands, codes or information to the Site, with the exception of those commands necessary to view the Site. Rotunda reserves all other rights.
Although Rotunda, or other parties involved in creating, producing, or delivering the Site, may monitor or review any transmissions to the Site or to Rotunda personnel, Rotunda and such other parties assume no responsibility or liability that may arise from the content thereof, including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
Although the Site may be linked to other sites upon express written permission from Rotunda, Rotunda is not, directly, or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the Site, you acknowledge and agree that Rotunda has not reviewed all the sites that may be linked to the Site and is not responsible for the content of any off-site pages or any other site linked to the Site. Such third party may have a privacy policy different from that of Rotunda, and the third-party website may provide less security than the Rotunda Site. You acknowledge and agree that when you follow links to pages not maintained on the Site, you do so at your own risk.
DISCLAIMERS
While Rotunda makes all reasonable efforts to help ensure that material on the Site is correct, accuracy cannot be guaranteed and Rotunda makes no warranties or representations that the Site is accurate, reliable or up-to-date, that the Site will be available at any particular time or location, or that the Site is free from viruses or other harmful components. The Site, and all information and materials contained herein, are provided to you “as is” without warranty of any kind, either express or implied, including without limitation, the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement to the full extent permitted by law.
INTERNATIONAL USE
The Site is operated and controlled by Rotunda in the United States. Due to the global nature of the internet, the Site may be accessed by users in countries other than the United States. Rotunda makes no warranties that materials on the Site are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use the Site, then you should not do so. Those who choose to access the Site outside of the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.
LIMITATIONS ON LIABILITY
By entering the Site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) that may arise, directly or indirectly, through access to the Site, use or browsing of the Site, or through your downloading of any text or images, from the Site, even if Rotunda has been advised of the possibility of such damages.
APPLICABLE LAW AND JURISDICTION
By visiting the Site, you agree that the laws of the state of Maryland, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between you and Rotunda. You hereby consent to the jurisdiction of the federal and state courts in Maryland for the purpose of resolving any dispute in connection with your visit to the Site. Rotunda may seek injunctive or other appropriate relief in any state or federal court in the state of Maryland, and you consent to exclusive jurisdiction and venue in such court.
SEVERABILITY
If any of the Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms and Conditions.
REGULATORY
Rotunda Capital Partners, LLC is an investment adviser registered with the United States Securities and Exchange Commission (“SEC”). Registration as an investment adviser does not imply a certain level of skill or training. Further information about Rotunda is also available on the SEC’s website at www.adviserinfo.sec.gov.
NOT AN OFFER TO SELL
All information contained on the Site has been prepared by Rotunda for informational purposes only, without regard to any particular user’s investment objectives or financial condition, and Rotunda is not soliciting any action based upon it. Nothing on the Site is to be construed as advice designed to meet the particular investment needs of any investor, nor as a recommendation for any investment. The information provided herein is not to be construed as an offer or the solicitation of an offer to purchase or sell securities or invest in any security, including the private equity funds advised, sponsored, or raised by Rotunda ("the Rotunda Funds"). The information on the Site is not to be used for any purpose other than information and does not purport to be a description of the terms or risks of an investment in any security, including those issued by one or more of the Rotunda Funds. Rotunda provides investment advisory services only to the privately offered Rotunda Funds. Rotunda does not solicit or make its services available to the public or other advisory clients. Any offer or solicitation with respect to the Rotunda Funds, if made, will be made only through a confidential offering memorandum (the "Memorandum") and limited partnership or similar agreement and subscription agreement in respect of such Rotunda Fund and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor. These documents will contain information to help investors evaluate the Funds’ investment objectives, risks, charges, and expenses, among other factors, before considering an investment. With respect to any investment decision, you are advised to consult with your broker, investment adviser, or other appropriate tax or financial professional to determine the suitability of any investment in the Rotunda Funds.
RELIANCE
Nothing contained on the Site constitutes legal, tax, investment, or other advice. You may want to consult your business advisor, attorney and tax accounting advisors concerning any contemplated transactions.
No securities commission or similar regulatory authority in the U.S. or any other jurisdiction has reviewed, recommended or in any way passed upon these materials or the merits of an investment in the Rotunda Funds, and any representation to the contrary is an offense.
PROJECTIONS MAY NOT MATERIALIZE
The Site may contain forward-looking statements that involve risks and uncertainties. Actual results may differ materially from expectations discussed in such forward-looking statements. Rotunda does not assume any obligation to correct or update the historical, forward-looking, or other information contained herein.
PORTFOLIO COMPANY CASE STUDIES
The Site may contain information about a selection of Rotunda portfolio companies, including case studies related thereto. These portfolio company case studies offer summary information, are provided as examples that clarify and typify Rotunda’s investment approach and may not represent a complete list of Rotunda investments. Past results are no guarantee of future results and no representation is made that an investor or portfolio company will or is likely to achieve results that are similar to those of the companies described. These investments were not chosen for their returns on investment.
STATEMENTS OF PORTFOLIO COMPANY EXECUTIVES
Set forth on this Site are statements of certain officers of select portfolio companies with whom we have or are currently partnered. The portfolio company officers were not selected on the basis of performance criteria, and this is not a complete list of all officers associated with the portfolio companies with whom we have or are currently partnered. Other portfolio company officers may not have the same experience as those individuals identified or quoted on this Site, and there is no guarantee that any portfolio company will achieve or realize the same results or experience as those discussed on this Site. This Site is intended solely to provide information regarding our potential capabilities for prospective portfolio companies and is not an offer to sell to or buy from any person, or a solicitation from any person of an offer to buy or to sell, any securities. The statements contained herein are not statements of any client or investor and do not describe any experience with or endorsement of Rotunda Capital Partners as an investment adviser by any such client or investor.