Ownership, Limited License to Use the Site
9Yards Capital grants you a limited, nonexclusive license to display and otherwise use portions of the Site solely for your own private, non-commercial, informational purposes only, and to print pages from the Site only in connection with that use. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site without prior express written permission from 9Yards Capital which may be withheld for any or no reason.
No Offer of Securities; No Advice
THIS SITE AND THE INFORMATION INCLUDED HEREIN IS FOR GENERAL INFORMATION PURPOSES ONLY. UNDER NO CIRCUMSTANCES SHOULD ANY MATERIAL AT THE SITE BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY, FUTURE OR OTHER FINANCIAL PRODUCT OR INSTRUMENT.
This Site is also not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on this Site should be construed as a recommendation, by 9Yards Capital, its affiliates or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. You should consult your own investment, legal, tax and/or similar professionals regarding your specific situation and any specific decisions.
In using portions of the Site, you may be asked to provide 9Yards Capital with personal information about you, your relatives and/or other persons affiliated or designated by you. Personal information is any information that can be used to identify or contact a specific individual or company.
Personal Data and GDPR. Under the GDPR, even information that is nonpublic personal information is considered “Personal Data” subject to data protection and other rights. “Personal Data” is any information relating to an identified or identifiable natural person. In our use of this Personal Data, 9Yards Capital may be characterized as a “Data Controller” under the GDPR. Our affiliates and delegates may act as “Data Processors” under the GDPR. A “Data Controller” is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data. As a Data Controller, we have limited rights to use your Personal Data for lawful purposes, as outlined below.
Cookies, Analytics and Traffic Data
Cookies are small text files which are transferred from our website, applications or services and stored on your device. Our cookies are typically session cookies (temporary cookies that identify and track users within our websites, applications or services which are deleted when you close your browser or leave your session in the application or service) but may in the future be persistent cookies (cookies which enable our website to “remember” who you are and to remember your preferences within our website, applications or services and which will stay on your computer or device after you close your browser or leave your session in the application or service).
We may keep a record of traffic data which is logged automatically by our servers, such as your Internet Protocol (IP) address, device information, the website that you visited before ours and the website you visit after leaving our site. We also collect some site, application and service statistics such as access rates, page hits and page views. We are not able to identify any individual from traffic data or site statistics.
You may be able to configure your browser or our website, application or service to restrict cookies or block all cookies if you wish, however if you disable cookies you may find this affects your ability to use certain parts of our website, applications or services.
Using Your Personal Data/Information
9Yards Capital may use personally-identifiable information for its own internal purposes, or on behalf of its affiliates. 9Yards Capital will not transfer, sell or disclose such personal information to any other third party without the applicable persons prior consent, except as may be required by law (such as a subpoena, search warrant or other court order, or pursuant to the order of any regulatory body having jurisdiction over 9Yards Capital, its affiliates or funds managed by 9Yards Capital or its affiliates) or to protect the integrity of the Site. In general, 9Yards Capital's business practices limit access to personal information obtained through use of the Site to those members of its personnel who need to know such information to conduct the operations of 9Yards Capital, its affiliates or funds managed by 9Yards Capital or its affiliates.
Lawful Purposes and GDPR. Under the GDPR, we may also collect, store and use your Personal Data where it is necessary for the purposes of the legitimate interests of us or a third party and such legitimate interests are not overridden by your interests, fundamental rights or freedoms.
The GDPR states that the use of Personal Data for direct marketing purposes (that is, providing you with information on products and services that may be of interest) may be regarded as being for the purposes of a legitimate interest. Analyzing Personal Data for quality control, business and statistical analysis, tracking fees and costs, training and related purposes are also legitimate interests for us using your Personal Data.
Accordingly, you understand and agree that we may use your Personal Data for such purposes as described in this Privacy Notice, provided that we are acting in a fair, transparent and accountable manner and have taken appropriate steps to prevent such activity having any unwarranted impact on you and also noting your right to object to such use, as discussed in this Privacy Notice.
Given the specific purposes for which we envisage using your Personal Data, under the provisions of the GDPR, we do not anticipate being required to obtain your consent to do so. Should we wish to use your Personal Data for other specific purposes that require your consent, we will contact you to request your consent for such usage.
Transmitting Your Personal Data/Information
Transmission Security, Personal Data Breaches and GDPR. To the extent we or any of our duly authorized affiliates and/or delegates outside the EEA transmit your Personal Data, any such transmission shall be in accordance with the conditions in the GDPR.
We shall notify you of any Personal Data breach affecting you that is likely to result in a high risk to your interests, fundamental rights or freedoms.
Protecting and Securing Your Personal Data/Information
Personal Data Protection Rights and GDPR.Under the GDPR, you have certain rights regarding our use of your Personal Data including, but not limited to:
· The right to access your Personal Data (in an easily readable form);
· The right to examine and correct your Personal Data;
· The right to restrict the use of your Personal Data;
· The right to withdraw any consent given to the processing of your Personal Data (where applicable);
· The right to receive information regarding any entities we disclose your Personal Data to; and
· The right to lodge a complaint with the relevant authorit(ies).
You also have the right to object to the processing of your Personal Data where we have considered this to be necessary for the purposes of our legitimate interests.
Data Processing and GDPR. As we do not process Personal Data on a large scale, we are not required to designate a data protection officer.
Please note that the right for your Personal Data to be erased (the “right to be forgotten”) that applies in some contexts under the GDPR is not likely to be applicable to most, if not all, of the Personal Data you provide to us, given the specific nature of the purposes for which we use the Personal Data.
9YARDS CAPITAL, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND. 9YARDS CAPITAL HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY.
You acknowledge that you are aware that by using this Site you may be subject to security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing, and/or other security or privacy hazards.
9YARDS CAPITAL, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES FURTHER ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTIES THAT, FUNCTIONS CONTAINED AT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 9YARDS CAPITAL, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE OF KIND TO, VIRUSES THAT MAY INFECT, OR SERVICES REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED, ON YOUR COMPUTER OR OTHER PROPERTY, ON ACCOUNT OF YOUR ACCESSING OR USE OF THIS SITE.
Limitation of Liability; Indemnification
These limitations of liability will apply regardless of: (i) any negligence or gross negligence of any 9Yards Capital party or (ii) whether the liability arises in negligence, gross negligence, strict liability, contract, tort (including negligence or gross negligence) or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose.
Your sole remedy for dissatisfaction with your use of the Site is to stop using the Site.
Links to Third Party Web Sites
9Yards Capital is responsible only for the content of this Site and it has no control over other websites that may be accessible from this Site, the contents therein or the products/services offered thereby. Hyperlinks to or from this Site do not constitute third party endorsement of, sponsorship by or affiliation with 9Yards Capital.
While 9Yards Capital uses reasonable efforts to update the information contained in the Site, 9Yards Capital makes no representations or warranties as to the accuracy, reliability or completeness of any information at the Site. Any content of the Site is subject to change without notice. As noted above, permission by 9Yards Capital to access this Site should not be construed as, or relied upon as, investment, financial, legal, regulatory, accounting, tax or similar advice.
This site is not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on this site should be construed as a recommendation by 9Yards Capital II LLC (“9Yards Capital”), its affiliates, or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. An investment in any strategy involves a high degree of risk and there is always the possibility of loss, including the loss of principal. Nothing in this site may be considered as an offer or solicitation to purchase or sell securities or other services.