FLARE CAPITAL PARTNERS PRIVACY POLICY AND TERMS OF USE
Effective date: September 15, 2023
Welcome to www.flarecapital.com (the “Site”), owned and operated by Flare Capital Management Company, LLC (“Flare Capital,” “we,” or “us”). By using this Site, you agree to this privacy policy and terms and conditions of use (the “Terms”); if you do not agree, you may not use the Site. Flare Capital may modify the Site and/or these Terms from time to time without notice to you, except that if Flare Capital makes material changes to these Terms, we will post the revised Terms and the revised effective date on this Site and/or provide notice by some other means. By using the Site following any modifications to the Terms, you agree to be bound by the modified Terms.
We partner with Allvue Systems, LLC (“Allvue”) to provide you with services, such as, if applicable, access to the investor portal. Please note that your use of or access to Allvue’s website and services through any third party links on our Site will be subject to Allvue’s Privacy Policy.
- Use of the Site. You must be at least 18 years old to use our Site. You will comply with all applicable laws, rules and regulations in connection with your use of the Site. You will not violate or attempt to violate the security of the Site or Flare Capital’s systems or network security, including, without limitation by (i) accessing data not intended for users of the Site or gaining unauthorized access to an account, server or any other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempting to interfere with the function of the Site, host or network. You may not “crawl,” “scrape,” or “spider” any portion of the Site (through use of manual or automated means).
- Information Not Confidential; Not an Offer to Invest. If you choose to contact any Flare Capital personnel using the contact information you find on the Site, you understand any information and/or materials you provide to such personnel will not be treated as confidential or proprietary. Flare Capital undertakes no obligation to review information submitted by you, or to return such information to you. Flare Capital may receive information that is similar to information you submit, or may have already received information containing ideas and plans that are the same as or similar to ideas and plans contained in information you submit to Flare Capital. Nothing you submit to Flare Capital will cause it or its affiliated funds to be limited or restricted from the pursuit of any opportunities, either alone or with third parties.
Your use of the Site or communication with any Flare Capital personnel is not an indication that Flare Capital or its affiliated funds will invest in any business you are associated with, nor is it an invitation to invest in any Flare Capital entity or affiliated fund. You understand Flare Capital is not in any way obligated to invest, offer the opportunity to invest, or to consider an investment or opportunity to invest.
- Flare Capital Proprietary Rights. The Site, including all of its contents (including, text, images, audio, and the HTML used to generate the pages) (“Content”), are the property of Flare Capital or that of our suppliers or licensors and are protected by trademark, copyright, and/or other intellectual property laws. You may not download, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, license, transmit, or distribute any Content from this Site, in whole or in part, for any public or commercial purpose without prior written consent from Flare Capital. Flare Capital grants you a limited, personal, non-exclusive, non-transferable license to access the Site, and to use the Content, solely for personal, internal and non-commercial purposes. Flare Capital (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein.
Without limiting the foregoing, as between you and Flare Capital (or other companies whose marks appear on the Site), Flare Capital (or the respective company) is the owner and/or authorized user of any trademark, registered trademark, logo, and/or service mark appearing on the Site (the “Marks”). Nothing on the Site should be construed to grant any license or right to use any Mark. You may not use or exploit any Marks without prior written consent from Flare Capital.
- Privacy.
- The Site may contain a feature that permits you to provide us with your email address or send us an email message. The contents of any such message will be treated in accordance with Section 2, but we will only use your email address to send you messages regarding Flare Capital, its affiliated funds, their portfolio companies, and any of its and/or their businesses and/or industries; if you do not want to receive further emails from us, please click the “unsubscribe” link in any such message. Additionally, you may provide your professional or employment-related data to us or a third party through a Third Party Site (as defined below), including, for example, your resume, job title, or job history. Flare Capital will also collect information during your visit to the Site through automatic data collection tools, including cookies and pixels, such as your IP address and clickstream behavior). You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.
Flare Capital may freely use the foregoing information for its business purposes, and may disclose such information, in order to:
- The Site may contain a feature that permits you to provide us with your email address or send us an email message. The contents of any such message will be treated in accordance with Section 2, but we will only use your email address to send you messages regarding Flare Capital, its affiliated funds, their portfolio companies, and any of its and/or their businesses and/or industries; if you do not want to receive further emails from us, please click the “unsubscribe” link in any such message. Additionally, you may provide your professional or employment-related data to us or a third party through a Third Party Site (as defined below), including, for example, your resume, job title, or job history. Flare Capital will also collect information during your visit to the Site through automatic data collection tools, including cookies and pixels, such as your IP address and clickstream behavior). You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.
- provide any requested information or services;
- troubleshoot problems with the Site;
- customize your experience on the Site;
- analyze how you and others use the Site;
- enforce our Terms and other agreements;
- contact you with more information about Flare Capital;
- comply with law, court order or other legal process; or
- protect the rights, property, or safety of Flare Capital and its affiliates, our employees, our users, or others.
We do not sell or otherwise disclose your information to third parties for monetary or other valuable consideration. Please note that while we endeavor to protect the privacy of your personal information we collect, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
- The Site is not directed to children and if you are under 13, you may not provide Flare Capital with any personally identifiable information about you whatsoever. If Flare Capital discovers it has collected any personally identifiable information from a child under 13, without verifiable parental consent in accordance with the Children’s Online Privacy Protection Act, Flare Capital will immediately delete such information.
- State Law Privacy Rights.
- Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of personal data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at flare@flarecapital.com.
- If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties. You can exercise this right by contacting us at flare@flarecapital.com with the subject line “Nevada Do Not Sell Request” and providing us with your name.
- Links from and to the Site. The Site may contain links to third party websites (“Third Party Sites”). Third Party Sites are not reviewed, controlled or examined by Flare Capital in any way and Flare Capital is not responsible for any content contained therein. These links do not imply Flare Capital’s endorsement of or association with any Third Party Site. Flare Capital is not liable, directly or indirectly, to anyone for any loss or damage arising from or in connection with use of the Third Party Sites. If you click on a link to a third-party website or service, a third party may also transmit cookies to you. These Terms do not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices.
- Disclaimer of Warranties. THE SITE, INCLUDING, WITHOUT LIMITATION, THE SITE AND ALL CONTENT AND FUNCTIONALITY THEREOF, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND FLARE CAPITAL (ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS) HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO CONTENT CAN OR SHOULD BE CONSTRUED AS PROFESSIONAL ADVICE OF ANY KIND (INCLUDING BUSINESS, INVESTMENT, ACCOUNTING, TAX, AND/OR LEGAL ADVICE).
- Limitation of Liability. TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL FLARE CAPITAL, ITS AFFILIATES (INCLUDING AFFILIATED FUNDS) OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE “FLARE CAPITAL PARTIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, EVEN IF ANY FLARE CAPITAL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF ANY FLARE CAPITAL PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THE TERMS, THE CONTENT, AND/OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00).
- General Information. These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. In the event of any dispute arising in connection with these Terms, you hereby consent to exclusive jurisdiction and venue in the state and federal courts of Suffolk County, Massachusetts. The failure of Flare Capital to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You may not assign these Terms or transfer any of your rights or obligations hereunder without Flare Capital’s express written consent. These Terms inure to the benefit of Flare Capital’s successors, assigns and licensees. These Terms are the entire agreement between you and Flare Capital with respect to the subject matter herein.