TERMS AND CONDITIONS OF USE
This Website (the "Website") is maintained by Blue Rock Capital Advisors, LLC. If you do not agree with any of these terms or the privacy statement, or conditions, or have any questions, then before proceeding you can e-mail us at [email protected]. BY CHOOSING TO ACCESS AND USE THIS WEBSITE, YOU ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS OF USE AND THE PRIVACY STATEMENT.
NO OFFER OF SECURITIES - DISCLOSURE OF INTERESTS
Under no circumstances should any material on this Website be used or considered as an offer to buy or sell or a solicitation of any offer to buy or sell the securities or any other instruments of Blue Rock Capital Advisors, LLC ("Blue Rock"), its subsidiaries and affiliates or any other issuer or to participate in any trading strategy. No offer or sale of interests/shares in any funds will be made in any jurisdiction in which the offer, solicitation or sale is not authorized or to any person to whom it is unlawful to make the offer, solicitation or sale. Offers can only be made where lawful under applicable law. If you wish to obtain further details about any information contained on this Website, we suggest that you contact Blue Rock.
NOT INVESTMENT, LEGAL, ACCOUNTING OR REGULATORY ADVICE
The information on this site is not intended to represent the rendering of investment, accounting, tax, legal or regulatory advice. . The ultimate responsibility for the decision on the appropriate application of accounting, tax, legal and regulatory treatment rests with the client and his or her accountants, tax and regulatory counsel. Prospective investors should consult, and must rely on their own professional tax, legal and investment advisors as to matters concerning securities or any other instruments of Blue Rock. Past performance is not necessarily indicative of future results.
TERMS AND CONDITIONS OF USE ARE EXCLUSIVE TO USE OF THIS SITE.
Please note that these Terms and Conditions of Use exclusively govern your access and use of this Website, but they do not alter or affect the terms of any other agreement between you and Blue Rock or any Blue Rock affiliate.
YOUR RIGHT TO USE THIS WEBSITE AND ITS CONTENTS
This Website is only for your personal use. The information and materials provided on this Website are solely for your use to assist you in better understanding the products and services offered by Blue Rock and in the support and use of such products. Other uses are not permitted unless you receive Blue Rock's prior written approval. You may not distribute, exchange, modify, sell, re-post or transmit anything you copy from this Website, including, but not limited to, any text, images, audio and video, for any business, commercial or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, Blue Rock grants you a non-exclusive, non-transferable, limited right to enter, display and use this Website. You agree not to interrupt or attempt to interrupt the operation of this Website in any way.
TRANSMITTED MATERIAL
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Website may be read or intercepted by others unless there is a special notice that a particular message is encrypted (sent in code). Sending a message to Blue Rock does not cause Blue Rock to have any special responsibility to you.
LINKED SITES
This Website may contain links to other Internet websites on the World Wide Web. Blue Rock provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Website. Links from this Website to any other website do not mean that Blue Rock approves of, endorses or recommends that website. Blue Rock disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other website. Blue Rock has no control over, does not endorse, and is not liable for the quality, operation, reliability, compliance with laws, ethics, business practices, or content of any third party websites, or for any product or service advertised or provided thereon. All transactions with such third parties operating said websites, including provision of your personal information, are strictly at your own risk.
BLUE ROCK CAPITAL ADVISORS, LLC RIGHT TO CHANGE THESE TERMS AND CONDITIONS OF USE OR CONTENT ON THIS WEBSITE
Blue Rock may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Website apply as soon as they are posted. By continuing to use this Website after any changes are posted, you are indicating your acceptance of those changes. Blue Rock may add, change, discontinue, remove or suspend any other content posted on this Website, at any time, without notice and without liability.
PASSWORD-PROTECTED AREAS OF THIS WEBSITE
Access to some areas on this Website is restricted to "Authorized Users" who have completed a registration process and who have then been granted authorization for access through issuance of a unique user ID and password. No persons other than Authorized Users may access these password-protected areas of the Website. Registrations, passwords, and user ID numbers are non-transferable. Blue Rock will not be responsible for authenticating the identity of any person accessing the password-protected area of the Website with a verified user ID and password. As an Authorized User, you are solely responsible for maintaining the security and confidentiality of your password and user ID, and accordingly, you are liable for all access, use and activities on the password-protected area of the Website under your ID and password, including any use by others of your user ID and password, even if such use is unauthorized. Should you become aware that your name, identity, account, system, electronic signature, registration, user ID, password, or other protected data or your identity is being used or attempted to be used in a password-protected are of the Website or otherwise by an unauthorized third party, or in the event of any other possible error, misuse or fraud relating to the Website, it is your responsibility to inform Blue Rock immediately so Blue Rock may take appropriate action. Blue Rock reserves the right to terminate any Authorized User's access to and use of the password-protected area of the Website at any time, and without notice, for any reason including, but not limited to, any possible or alleged misuse, abuse, violation of law, fraud, or misconduct by any person accessing or using the password-protected area of the Website under a user ID and password.
DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
The information on this Website is provided for general information purposes only. Your use of this Website is at your own risk. This Website (including all content and functions made available on or accessed through this Website) is provided "as is." to the fullest extent permissible by law, with regard to the content on this website, Blue Rock makes no representations or warranties of any kind whatsoever that the server that makes this Website available is free of viruses or other components that may infect, harm or cause damage to your computer equipment or any other property when you access, browse, download from or otherwise use the Website. Under no circumstances, including but not limited to Blue Rock's negligence, shall Blue Rock be liable for any consequential, direct, incidental, indirect, punitive or special damages related to (a) the use of, (b) the inability to use or (c) errors or omissions in the contents and functions of this Website, even if Blue Rock or an authorized representative thereof has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. In no event shall Blue Rock's total liability to you for all damages, losses and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise), exceed $100.00.
BLUE ROCK MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE SECURITY, TIMELINESS, RELEVANCY, SUFFICIENCY, ACCURACY, RELIABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPLETENESS OF ANY DATA, INFORMATION, OR SERVICES PRESENTED ON THIS WEBSITE. THE INFORMATION AND OTHER CONTENT CONTAINED HEREIN IS PRESENTED ON AN "AS IS, WHERE IS," BASIS, AND ALL WARRANTIES (EXPRESS OR IMPLIED) ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WEBSITE SECURITY
Due to the technical uncertainties, Blue Rock is unable to make any representation or warranty that the content, information, or links in this Website are secure and free of data-processing errors, technical glitches, operational problems, interruptions, errors, bugs, worms, viruses, unauthorized third party access, or any other harmful elements. YOU REMAIN SOLELY RESPONSIBLE FOR TH E SECURITY AND PROTECTION OF YOUR SYSTEMS WHEN USING THIS WEBSITE. Unauthorized attempts to upload, insert, or change any information or image on this Website or cause harm are strictly prohibited and may be punishable under the law, including, but not limited to, the Computer Fraud and Abuse Act and the National Information Infrastructure Protection Act.
GENERAL PROVISIONS
These Terms and Conditions of Use and any additional terms posted on this Website together constitute the entire agreement between Blue Rock and you with respect to your use of this Website. Any cause of action you may have with respect to your use of this Website must be commenced within (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without reference to its conflict of laws rules.
PRIVACY POLICY
Blue Rock restricts access to nonpublic personal information about our customers to those employees and agents who need to know that information in order to provide products and services to investors. Blue Rock maintains physical, electronic and procedural safeguards to protect nonpublic personal information.
Blue Rock Capital Advisors, LLC (the "Firm") and its affiliates hereby adopt the following Privacy Policy in order to safeguard the personal information of its consumers and customers to comply with applicable regulatory standards.
In the normal course of business, this Firm and its affiliates may collect the following types of nonpublic personal information:
(2) Scope: This Privacy Policy applies to the Firm and its affiliates. The Firm and its affiliates conduct their business affairs primarily through their employees. To the extent that service providers are utilized in servicing accounts the appropriate confidentiality agreements will be put into place.
(3) Service Providers: Any and all nonpublic personal information received by the Firm and its affiliates with respect to investors, including the information provided in subscription documents, will not be shared with nonaffiliated third parties which are not service providers to the Firm or its affiliates other than as permitted by law without prior notice to such investors. In the normal course of business, the Firm may disclose the kinds of nonpublic personal information listed above to nonaffiliated third party service providers involved in servicing and administering products and services on our behalf. Such service providers include, but are not limited to, administrators, auditors and the legal advisors of the Firm and/or its affiliates. The same privacy policy will also apply to former investors. The Firm will direct each nonaffiliated third party service provider (the "service provider") to adhere to this Privacy Policy with respect to all consumer, customer and former customer information of the Firm and to take all actions reasonably necessary so that the Firm is in compliance with this Privacy Policy.
(4) Procedures to Safeguard Consumer and Customer Records and Information Policies: The Firm shall (a) insure the security and confidentiality of consumer, customer and former customer records and information; (b) protect against any anticipated threats or hazards to the security or integrity of consumer, customer and former customer records and information; and (c) protect against unauthorized access to or use of consumer or customer records or information that could result in substantial harm or inconvenience to any customer. Therefore, it is the policy of the Firm.
(A) To restrict access to nonpublic personal information about consumers, customers and former customers to those who need to know that information to provide products and services to such consumers and customers.
(B) To maintain physical, electronic, and procedural safeguards that comply with federal standards to guard nonpublic personal information about consumers, customers and former customers.
(C) To share nonpublic personal information of consumers, customers and former customers with its affiliates, subject to the consumers or customers expressly prohibiting such sharing.
(D) Not to share nonpublic personal information of consumers, customers and former customers with nonaffiliated third parties other than as permitted by law or unless otherwise authorized to do so by the consumer or customer.
(5) Disposal of Consumer Report Information and Records: The Firm shall properly dispose of consumer report information that it is not legally bound to maintain and wishes to dispose of, and shall take reasonable measures to protect against unauthorized access to or use of the consumer report information in connection with the disposal of such information.
(6) Notices to Customers: Initial and annual privacy policy notices shall be delivered in accordance with applicable law and regulations. The initial and annual privacy policy notices shall be substantially similar to those set forth in Exhibit B - Privacy Policy Notice. The amended privacy policy notice shall be delivered in accordance with applicable law and regulations.
(7) Designation of Responsibility: All questions regarding this policy should be directed to the Chief Compliance Officer.
(8) Evaluation of Procedures: This Firm will appoint an employee to serve as the Chief Compliance Officer. The Chief Compliance Officer shall periodically evaluate the Firm's procedures to insure compliance with this Privacy Policy. In evaluating these procedures, the Chief Compliance Officer shall consider the items listed on the Information Security Checklist attached as Exhibit C. The items of the Information Security Checklist are not mandatory but shall be used by the Chief Compliance Officer as a guide to ensure the Firm has implemented such procedures, as the Chief Compliance Officer, in consultation with the Firm's executive officers, deems appropriate, to comply with this Privacy Policy.
(9) Amendment of the Privacy Policy: The Privacy Policy may be amended only by action of the Firm's executive officers.
(10) Compliance Reports: In implementing this Privacy Policy, the Chief Compliance Officer shall report to the Firm's executive officers as to the status of the Firm's compliance with this Privacy Policy. The Chief Compliance Officer shall report to the Firm's executive officers any material breach of this Privacy Policy that the Chief Compliance Officer has become aware of, or has received notice of from third party service providers. Upon being informed of any such breach, the Firm's executive officers are authorized to take any such action it deems necessary or appropriate to enforce this Privacy Policy and otherwise comply with applicable law and regulations.
NOTICE OF PRIVACY POLICY
Our Commitment to Protecting your Privacy.
Blue Rock Capital Advisors, LLC ("Blue Rock") considers customer privacy to be fundamental to our relationship with our customers (as such term is defined in the Gramm-Leach-Bliley Act of 1999 and its implementing regulations, and for Blue Rock's purposes, the limited partners, shareholders or members of partnerships, funds and companies, respectively, that Blue Rock advises). In the course of acting as an investment advisor to the private investment funds, partnerships or companies in which you have invested, we may collect personal information about you ("nonpublic personal information"). Blue Rock collects this information to know who you are and to meet our obligations under the laws and regulations that govern us.
Blue Rock treats its customer's nonpublic personal information with confidentiality and respect and is committed to maintaining the confidentiality, integrity and security of our customers' personal information. It is our policy to respect the privacy of our current and former customers and to protect the personal information entrusted to us. This Privacy Notice describes the standards we follow for handling your personal information, with the dual goals of meeting your financial needs while respecting your privacy.
INFORMATION BLUE ROCK COLLECTS:
Blue Rock collects nonpersonal information about our customers generally from three sources:
1. Information on subscription agreements or other forms. These forms may include a customer's or prospective customer's name, address, social security or tax identification number, age, marital status, number of dependents, assets, debts, income, employment history, beneficiary information and personal bank account information.
2. Information from customer's transactions with us, such as the customer's subscription history with any of the funds advised by, recommended by or administrated by Blue Rock and any reports generated by such funds showing the customer's account balance.
3. Information obtained from others, such as consumer credit reporting agencies.
INFORMATION BLUE ROCK DISCLOSES:
Blue Rock may disclose any of the nonpublic information it collects (i) with unaffiliated service providers only if necessary to act as investment advisor, consultant, or administrator to the funds that it offers to its customers or to complete a transaction for one of the funds it offers to its customers; and (ii) as permitted by applicable laws and regulations. For example, Blue Rock may disclose your nonpublic information as follows:
1. Companies with whom Blue Rock has contracted to provide services to funds it manages and in the case of a fund of funds companies that provide fund related services to the fund of funds and the underlying sub-funds, in particular fund administrators.
2. Blue Rock's lawyers, accountants, auditors, regulators and advisors.
3. If Blue Rock suspects fraud.
4. Information that the customer has authorized Blue Rock to disclose.
PROTECTING YOUR INFORMATION
Blue Rock maintains appropriate physical, electronic and procedural safeguards to protect customer information. In addition, if Blue Rock chooses to dispose of any of your nonpublic personal information that Blue Rock is not legally bound to maintain, then Blue Rock will do so in a manner that reasonably protects such information from unauthorized access.
FORMER INVESTORS
Blue Rock treats information concerning our former investors the same way we treat information about our current investors.
ANNUAL UPDATES
Blue Rock will send each customer a copy of the Privacy Policy annually. Blue Rock will also send customers all changes to this Privacy Policy as they occur.
Should any customers have any questions regarding Blue Rock's Privacy Policy, please contact us at [email protected].
INFORMATION SECURITY CHECKLIST
The Firm and its affiliates are required by applicable law and regulations to adopt policies and procedures that address administrative, technical, and physical safeguards for the protection of customer records and information. The following is a nonbinding, non-exclusive checklist of items to consider in the review of the firm's and its affiliates' internal policies and procedures.
(1) access rights to customer information;
(2) access controls on customer information systems, including controls to authenticate and grant access only to authorized employees, individuals, and companies;
(3) access restrictions at locations containing customer information, such as buildings, computer facilities, and records storage facilities;
(4) encryption of electronic customer information;
(5) procedures to confirm that customer information system modifications are consistent with the Firm's and its affiliates information security program;
(6) dual control procedures, segregation of duties, and employee background checks for employees with responsibilities for or access to customer information;
(7) contract provision and oversight mechanisms to protect the security of customer information maintained or processed by service providers;
(8) monitoring systems and procedures to detect actual and attempted attacks on or intrusions into customer information systems;
(9) response programs that specify actions to be taken when unauthorized access to customer information systems is suspected or detected;
(10) protection against destruction of customer information due to potential physical hazards, such as fire and water damage;
(11) safekeeping of obtained materials containing nonpublic personal information in a secure location and restricting access to such materials to authorized employees, individuals, and companies;
(12) disaster recovery or other response programs to preserve the integrity and security of customer information in the event of computer or other technological failure, including, where appropriate, reconstructing lost or damaged customer information;
(13) training programs designed to educate employees about the Firm's and its affiliates' Privacy Policy and information safeguards, including how nonpublic personal information is obtained, the limits on disclosure of a customer's nonpublic personal information, how to recognize and respond to fraudulent attempts to obtain customer information and, where appropriate, how to report any attempts to the Firm's management and regulatory and law enforcement agencies;
(14) periodic review of the Firm's information security program to confirm that the Firm's affiliates and their service providers control identified risks by responding to any relevant changes in technology, customer concerns, and expectations regarding privacy, and internal or external threats to information security; and
(15) deletion of customers' nonpublic personal information from hard drives of computers that are rendered obsolete and disposed of.
This Website (the "Website") is maintained by Blue Rock Capital Advisors, LLC. If you do not agree with any of these terms or the privacy statement, or conditions, or have any questions, then before proceeding you can e-mail us at [email protected]. BY CHOOSING TO ACCESS AND USE THIS WEBSITE, YOU ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS OF USE AND THE PRIVACY STATEMENT.
NO OFFER OF SECURITIES - DISCLOSURE OF INTERESTS
Under no circumstances should any material on this Website be used or considered as an offer to buy or sell or a solicitation of any offer to buy or sell the securities or any other instruments of Blue Rock Capital Advisors, LLC ("Blue Rock"), its subsidiaries and affiliates or any other issuer or to participate in any trading strategy. No offer or sale of interests/shares in any funds will be made in any jurisdiction in which the offer, solicitation or sale is not authorized or to any person to whom it is unlawful to make the offer, solicitation or sale. Offers can only be made where lawful under applicable law. If you wish to obtain further details about any information contained on this Website, we suggest that you contact Blue Rock.
NOT INVESTMENT, LEGAL, ACCOUNTING OR REGULATORY ADVICE
The information on this site is not intended to represent the rendering of investment, accounting, tax, legal or regulatory advice. . The ultimate responsibility for the decision on the appropriate application of accounting, tax, legal and regulatory treatment rests with the client and his or her accountants, tax and regulatory counsel. Prospective investors should consult, and must rely on their own professional tax, legal and investment advisors as to matters concerning securities or any other instruments of Blue Rock. Past performance is not necessarily indicative of future results.
TERMS AND CONDITIONS OF USE ARE EXCLUSIVE TO USE OF THIS SITE.
Please note that these Terms and Conditions of Use exclusively govern your access and use of this Website, but they do not alter or affect the terms of any other agreement between you and Blue Rock or any Blue Rock affiliate.
YOUR RIGHT TO USE THIS WEBSITE AND ITS CONTENTS
This Website is only for your personal use. The information and materials provided on this Website are solely for your use to assist you in better understanding the products and services offered by Blue Rock and in the support and use of such products. Other uses are not permitted unless you receive Blue Rock's prior written approval. You may not distribute, exchange, modify, sell, re-post or transmit anything you copy from this Website, including, but not limited to, any text, images, audio and video, for any business, commercial or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, Blue Rock grants you a non-exclusive, non-transferable, limited right to enter, display and use this Website. You agree not to interrupt or attempt to interrupt the operation of this Website in any way.
TRANSMITTED MATERIAL
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Website may be read or intercepted by others unless there is a special notice that a particular message is encrypted (sent in code). Sending a message to Blue Rock does not cause Blue Rock to have any special responsibility to you.
LINKED SITES
This Website may contain links to other Internet websites on the World Wide Web. Blue Rock provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Website. Links from this Website to any other website do not mean that Blue Rock approves of, endorses or recommends that website. Blue Rock disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other website. Blue Rock has no control over, does not endorse, and is not liable for the quality, operation, reliability, compliance with laws, ethics, business practices, or content of any third party websites, or for any product or service advertised or provided thereon. All transactions with such third parties operating said websites, including provision of your personal information, are strictly at your own risk.
BLUE ROCK CAPITAL ADVISORS, LLC RIGHT TO CHANGE THESE TERMS AND CONDITIONS OF USE OR CONTENT ON THIS WEBSITE
Blue Rock may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Website apply as soon as they are posted. By continuing to use this Website after any changes are posted, you are indicating your acceptance of those changes. Blue Rock may add, change, discontinue, remove or suspend any other content posted on this Website, at any time, without notice and without liability.
PASSWORD-PROTECTED AREAS OF THIS WEBSITE
Access to some areas on this Website is restricted to "Authorized Users" who have completed a registration process and who have then been granted authorization for access through issuance of a unique user ID and password. No persons other than Authorized Users may access these password-protected areas of the Website. Registrations, passwords, and user ID numbers are non-transferable. Blue Rock will not be responsible for authenticating the identity of any person accessing the password-protected area of the Website with a verified user ID and password. As an Authorized User, you are solely responsible for maintaining the security and confidentiality of your password and user ID, and accordingly, you are liable for all access, use and activities on the password-protected area of the Website under your ID and password, including any use by others of your user ID and password, even if such use is unauthorized. Should you become aware that your name, identity, account, system, electronic signature, registration, user ID, password, or other protected data or your identity is being used or attempted to be used in a password-protected are of the Website or otherwise by an unauthorized third party, or in the event of any other possible error, misuse or fraud relating to the Website, it is your responsibility to inform Blue Rock immediately so Blue Rock may take appropriate action. Blue Rock reserves the right to terminate any Authorized User's access to and use of the password-protected area of the Website at any time, and without notice, for any reason including, but not limited to, any possible or alleged misuse, abuse, violation of law, fraud, or misconduct by any person accessing or using the password-protected area of the Website under a user ID and password.
DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
The information on this Website is provided for general information purposes only. Your use of this Website is at your own risk. This Website (including all content and functions made available on or accessed through this Website) is provided "as is." to the fullest extent permissible by law, with regard to the content on this website, Blue Rock makes no representations or warranties of any kind whatsoever that the server that makes this Website available is free of viruses or other components that may infect, harm or cause damage to your computer equipment or any other property when you access, browse, download from or otherwise use the Website. Under no circumstances, including but not limited to Blue Rock's negligence, shall Blue Rock be liable for any consequential, direct, incidental, indirect, punitive or special damages related to (a) the use of, (b) the inability to use or (c) errors or omissions in the contents and functions of this Website, even if Blue Rock or an authorized representative thereof has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. In no event shall Blue Rock's total liability to you for all damages, losses and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise), exceed $100.00.
BLUE ROCK MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE SECURITY, TIMELINESS, RELEVANCY, SUFFICIENCY, ACCURACY, RELIABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPLETENESS OF ANY DATA, INFORMATION, OR SERVICES PRESENTED ON THIS WEBSITE. THE INFORMATION AND OTHER CONTENT CONTAINED HEREIN IS PRESENTED ON AN "AS IS, WHERE IS," BASIS, AND ALL WARRANTIES (EXPRESS OR IMPLIED) ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WEBSITE SECURITY
Due to the technical uncertainties, Blue Rock is unable to make any representation or warranty that the content, information, or links in this Website are secure and free of data-processing errors, technical glitches, operational problems, interruptions, errors, bugs, worms, viruses, unauthorized third party access, or any other harmful elements. YOU REMAIN SOLELY RESPONSIBLE FOR TH E SECURITY AND PROTECTION OF YOUR SYSTEMS WHEN USING THIS WEBSITE. Unauthorized attempts to upload, insert, or change any information or image on this Website or cause harm are strictly prohibited and may be punishable under the law, including, but not limited to, the Computer Fraud and Abuse Act and the National Information Infrastructure Protection Act.
GENERAL PROVISIONS
These Terms and Conditions of Use and any additional terms posted on this Website together constitute the entire agreement between Blue Rock and you with respect to your use of this Website. Any cause of action you may have with respect to your use of this Website must be commenced within (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without reference to its conflict of laws rules.
PRIVACY POLICY
Blue Rock restricts access to nonpublic personal information about our customers to those employees and agents who need to know that information in order to provide products and services to investors. Blue Rock maintains physical, electronic and procedural safeguards to protect nonpublic personal information.
Blue Rock Capital Advisors, LLC (the "Firm") and its affiliates hereby adopt the following Privacy Policy in order to safeguard the personal information of its consumers and customers to comply with applicable regulatory standards.
In the normal course of business, this Firm and its affiliates may collect the following types of nonpublic personal information:
- Name
- Address (city, state, province, country, and zip code)
- Social Security Number/Tax Identification Number
- Telephone Number
- Email Address
- Date of Birth
- Bank Account Information
- Other information provided in subscription documents and other forms (including income and other financial-related information)
- Data about investor transactions with us (such as the types of investments made and account status)
(2) Scope: This Privacy Policy applies to the Firm and its affiliates. The Firm and its affiliates conduct their business affairs primarily through their employees. To the extent that service providers are utilized in servicing accounts the appropriate confidentiality agreements will be put into place.
(3) Service Providers: Any and all nonpublic personal information received by the Firm and its affiliates with respect to investors, including the information provided in subscription documents, will not be shared with nonaffiliated third parties which are not service providers to the Firm or its affiliates other than as permitted by law without prior notice to such investors. In the normal course of business, the Firm may disclose the kinds of nonpublic personal information listed above to nonaffiliated third party service providers involved in servicing and administering products and services on our behalf. Such service providers include, but are not limited to, administrators, auditors and the legal advisors of the Firm and/or its affiliates. The same privacy policy will also apply to former investors. The Firm will direct each nonaffiliated third party service provider (the "service provider") to adhere to this Privacy Policy with respect to all consumer, customer and former customer information of the Firm and to take all actions reasonably necessary so that the Firm is in compliance with this Privacy Policy.
(4) Procedures to Safeguard Consumer and Customer Records and Information Policies: The Firm shall (a) insure the security and confidentiality of consumer, customer and former customer records and information; (b) protect against any anticipated threats or hazards to the security or integrity of consumer, customer and former customer records and information; and (c) protect against unauthorized access to or use of consumer or customer records or information that could result in substantial harm or inconvenience to any customer. Therefore, it is the policy of the Firm.
(A) To restrict access to nonpublic personal information about consumers, customers and former customers to those who need to know that information to provide products and services to such consumers and customers.
(B) To maintain physical, electronic, and procedural safeguards that comply with federal standards to guard nonpublic personal information about consumers, customers and former customers.
(C) To share nonpublic personal information of consumers, customers and former customers with its affiliates, subject to the consumers or customers expressly prohibiting such sharing.
(D) Not to share nonpublic personal information of consumers, customers and former customers with nonaffiliated third parties other than as permitted by law or unless otherwise authorized to do so by the consumer or customer.
(5) Disposal of Consumer Report Information and Records: The Firm shall properly dispose of consumer report information that it is not legally bound to maintain and wishes to dispose of, and shall take reasonable measures to protect against unauthorized access to or use of the consumer report information in connection with the disposal of such information.
(6) Notices to Customers: Initial and annual privacy policy notices shall be delivered in accordance with applicable law and regulations. The initial and annual privacy policy notices shall be substantially similar to those set forth in Exhibit B - Privacy Policy Notice. The amended privacy policy notice shall be delivered in accordance with applicable law and regulations.
(7) Designation of Responsibility: All questions regarding this policy should be directed to the Chief Compliance Officer.
(8) Evaluation of Procedures: This Firm will appoint an employee to serve as the Chief Compliance Officer. The Chief Compliance Officer shall periodically evaluate the Firm's procedures to insure compliance with this Privacy Policy. In evaluating these procedures, the Chief Compliance Officer shall consider the items listed on the Information Security Checklist attached as Exhibit C. The items of the Information Security Checklist are not mandatory but shall be used by the Chief Compliance Officer as a guide to ensure the Firm has implemented such procedures, as the Chief Compliance Officer, in consultation with the Firm's executive officers, deems appropriate, to comply with this Privacy Policy.
(9) Amendment of the Privacy Policy: The Privacy Policy may be amended only by action of the Firm's executive officers.
(10) Compliance Reports: In implementing this Privacy Policy, the Chief Compliance Officer shall report to the Firm's executive officers as to the status of the Firm's compliance with this Privacy Policy. The Chief Compliance Officer shall report to the Firm's executive officers any material breach of this Privacy Policy that the Chief Compliance Officer has become aware of, or has received notice of from third party service providers. Upon being informed of any such breach, the Firm's executive officers are authorized to take any such action it deems necessary or appropriate to enforce this Privacy Policy and otherwise comply with applicable law and regulations.
NOTICE OF PRIVACY POLICY
Our Commitment to Protecting your Privacy.
Blue Rock Capital Advisors, LLC ("Blue Rock") considers customer privacy to be fundamental to our relationship with our customers (as such term is defined in the Gramm-Leach-Bliley Act of 1999 and its implementing regulations, and for Blue Rock's purposes, the limited partners, shareholders or members of partnerships, funds and companies, respectively, that Blue Rock advises). In the course of acting as an investment advisor to the private investment funds, partnerships or companies in which you have invested, we may collect personal information about you ("nonpublic personal information"). Blue Rock collects this information to know who you are and to meet our obligations under the laws and regulations that govern us.
Blue Rock treats its customer's nonpublic personal information with confidentiality and respect and is committed to maintaining the confidentiality, integrity and security of our customers' personal information. It is our policy to respect the privacy of our current and former customers and to protect the personal information entrusted to us. This Privacy Notice describes the standards we follow for handling your personal information, with the dual goals of meeting your financial needs while respecting your privacy.
INFORMATION BLUE ROCK COLLECTS:
Blue Rock collects nonpersonal information about our customers generally from three sources:
1. Information on subscription agreements or other forms. These forms may include a customer's or prospective customer's name, address, social security or tax identification number, age, marital status, number of dependents, assets, debts, income, employment history, beneficiary information and personal bank account information.
2. Information from customer's transactions with us, such as the customer's subscription history with any of the funds advised by, recommended by or administrated by Blue Rock and any reports generated by such funds showing the customer's account balance.
3. Information obtained from others, such as consumer credit reporting agencies.
INFORMATION BLUE ROCK DISCLOSES:
Blue Rock may disclose any of the nonpublic information it collects (i) with unaffiliated service providers only if necessary to act as investment advisor, consultant, or administrator to the funds that it offers to its customers or to complete a transaction for one of the funds it offers to its customers; and (ii) as permitted by applicable laws and regulations. For example, Blue Rock may disclose your nonpublic information as follows:
1. Companies with whom Blue Rock has contracted to provide services to funds it manages and in the case of a fund of funds companies that provide fund related services to the fund of funds and the underlying sub-funds, in particular fund administrators.
2. Blue Rock's lawyers, accountants, auditors, regulators and advisors.
3. If Blue Rock suspects fraud.
4. Information that the customer has authorized Blue Rock to disclose.
PROTECTING YOUR INFORMATION
Blue Rock maintains appropriate physical, electronic and procedural safeguards to protect customer information. In addition, if Blue Rock chooses to dispose of any of your nonpublic personal information that Blue Rock is not legally bound to maintain, then Blue Rock will do so in a manner that reasonably protects such information from unauthorized access.
FORMER INVESTORS
Blue Rock treats information concerning our former investors the same way we treat information about our current investors.
ANNUAL UPDATES
Blue Rock will send each customer a copy of the Privacy Policy annually. Blue Rock will also send customers all changes to this Privacy Policy as they occur.
Should any customers have any questions regarding Blue Rock's Privacy Policy, please contact us at [email protected].
INFORMATION SECURITY CHECKLIST
The Firm and its affiliates are required by applicable law and regulations to adopt policies and procedures that address administrative, technical, and physical safeguards for the protection of customer records and information. The following is a nonbinding, non-exclusive checklist of items to consider in the review of the firm's and its affiliates' internal policies and procedures.
(1) access rights to customer information;
(2) access controls on customer information systems, including controls to authenticate and grant access only to authorized employees, individuals, and companies;
(3) access restrictions at locations containing customer information, such as buildings, computer facilities, and records storage facilities;
(4) encryption of electronic customer information;
(5) procedures to confirm that customer information system modifications are consistent with the Firm's and its affiliates information security program;
(6) dual control procedures, segregation of duties, and employee background checks for employees with responsibilities for or access to customer information;
(7) contract provision and oversight mechanisms to protect the security of customer information maintained or processed by service providers;
(8) monitoring systems and procedures to detect actual and attempted attacks on or intrusions into customer information systems;
(9) response programs that specify actions to be taken when unauthorized access to customer information systems is suspected or detected;
(10) protection against destruction of customer information due to potential physical hazards, such as fire and water damage;
(11) safekeeping of obtained materials containing nonpublic personal information in a secure location and restricting access to such materials to authorized employees, individuals, and companies;
(12) disaster recovery or other response programs to preserve the integrity and security of customer information in the event of computer or other technological failure, including, where appropriate, reconstructing lost or damaged customer information;
(13) training programs designed to educate employees about the Firm's and its affiliates' Privacy Policy and information safeguards, including how nonpublic personal information is obtained, the limits on disclosure of a customer's nonpublic personal information, how to recognize and respond to fraudulent attempts to obtain customer information and, where appropriate, how to report any attempts to the Firm's management and regulatory and law enforcement agencies;
(14) periodic review of the Firm's information security program to confirm that the Firm's affiliates and their service providers control identified risks by responding to any relevant changes in technology, customer concerns, and expectations regarding privacy, and internal or external threats to information security; and
(15) deletion of customers' nonpublic personal information from hard drives of computers that are rendered obsolete and disposed of.