Legal Disclosures

Note to California Residents: Please refer to the California Website Privacy Policy immediately following this Privacy Policy

This privacy policy sets out how Mountaingate Management Co, LLC and its affiliates (“Mountaingate”) use and protect any information that you provide when you use this website.

Mountaingate is committed to protecting your privacy. Should you provide certain information by which you can be identified when using this website, Mountaingate has procedures designed to allow use of such information only in accordance with this privacy policy.

Mountaingate may change or update this policy from time-to-time by updating this page. You should refer to this page from time-to-time to familiarize yourself with any changes.

What we collect

We may collect the following information:

  • Name and job title or profession
  • Contact information including email address
  • Demographic information such as postcode, preferences and interests
  • Other information relevant to customer surveys

What we do with the information we gather

We require this information to understand and respond to your request and for the following reasons:

  • Keeping records as required by law or regulation
  • Improving our services
  • Sending promotional email or other information to the email address you provided, which we believe may be relevant to you or in response to your request for such information
  • Contacting you from time-to-time (by phone, email, mail or fax) for market research purposes
  • Customizing the website

Mountaingate will never sell your information

Security

Mountaingate is committed to protecting your personal information. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which may be placed on your computer through your web browser. Cookies allow the Mountaingate website to respond to you as an individual and tailor operations to your needs by gathering and remembering information about your preferences.

Mountaingate may use traffic log cookies to identify which pages are being displayed. This helps us analyze data about web page traffic and improve our website. We only use this information for statistical analysis purposes. A cookie does not give Mountaingate access to your computer or any information about you, other than your browsing history on Mountaingate’s website. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies, if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Mountaingate’s website may contain links to other websites. Mountaingate does not control such other websites and cannot be responsible for the protection and privacy of your information once you have left the Mountaingate website.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • Provide information only for those fields listed as “required”
  • With any information submitted, indicate whether you would like to receive a response or future communications from Mountaingate
  • Request that we remove your personal information from our records (subject only to our legal or regulatory retention obligations) by emailing srickenbacker@mountaingate.com

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law.

You may request details of personal information which we hold about you under the Data Protection Act 1998. If you would like a copy of this information, please write to Mountaingate Capital, Attn: S. Rickenbacker, 1800 Larimer Street, Suite 2200, Denver, CO 80202 or email srickenbacker@mountaingate.com.

If you believe that any information previously provided to Mountaingate is incorrect or incomplete, please write to or email us at the above address. We will promptly correct any information found to be incorrect.

CALIFORNIA WEBSITE PRIVACY POLICY

DATE: January 1, 2020

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

What does this Website Privacy Policy apply to?

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

What information do we collect about you?

We collect limited types of personal information through our website and investor reporting portals, as well as through other electronic communications (e.g., emails), as applicable (collectively, the “Website”).  The types of personal information we collect about you depends on the nature of your interaction with us.  The categories of personal information we have collected from individuals on the Website over the last twelve (12) months include the following:

  • Identifiers, such as name, contact details and address (including physical address, email address and Internet Protocol address);
  • Other customer records, such as telephone number and personal information provided in connection with obtaining account access;
  • Commercial information, such as account data;
  • Professional or employment-related information;
  • Education information;
  • Internet or other electronic network activity information, such as information regarding your use of our Website (e.g., cookies, browsing history and/or search history), as well as information you provide to us when you correspond with us in relation to inquiries.

We do not knowingly collect or solicit personal information from anyone under the age of 18.

How do we obtain your personal information?

In connection with forming and operating our Website, we collect and maintain your nonpublic personal information from the following sources:

  • Information from your communications with us in connection with this Website, including any update notices provided by you.
  • Information captured on our Website, including registration information, information provided through online forms and any information captured via cookies.

We may combine personal information that you provide to us with information that we collect from or about you from publicly available sources. This will include information collected in an online or offline context.

How do we use your personal information?

We will use your personal information for one or more of the following business purposes:

  • To perform services for you.
  • To improve our Website and the products and services that we offer and notify you about changes to our products and services.
  • To communicate with you, including responding to requests for information submitted by you through our Website.
  • To keep a record of your relationship with us.
  • Ongoing operations, administrative, accounting, reporting, account maintenance and other processes.
  • To audit and verify the quality and effectiveness of our services and compliance.
  • To detect security incidents and to protect against malicious, deceptive, fraudulent, or illegal activity.
  • To generally comply with U.S., state, local and non-U.S. laws, rules and regulations.

Additionally, we may use your personal information to keep you informed of our products and services, if you have provided your consent to us doing so, or where we have an existing relationship with you and we wish to contact you about products and services similar to those which we provide you, in which you may be interested. You may opt-in to certain kinds of marketing, or all forms of marketing at any time, by contacting us and you may unsubscribe to receiving emails by clicking on the “opt-out” or “unsubscribe” link provided in all our marketing emails.

Who do we share your personal information with?

We do not sell any of the personal information we collect about you to third parties.

We do not disclose any nonpublic personal information about you to anyone, except as permitted or required by law or regulation and to affiliates and service providers, including but not limited to administrators, lenders, banks, auditors, law firms, governmental agencies or pursuant to legal process, self-regulatory organizations, consultants and placement agents. We may also disclose your information to other parties as may be required by law or regulation, or in response to regulatory inquiries.

Within the last twelve (12) months, we have shared each of the categories of personal information collected in connection with this website with affiliates and service providers as set forth above in “What information do we collect about you?

We may also share your personal information with applicable third parties in the event of a reorganization, merger, sale, acquisition, assignment, bankruptcy proceeding, or other disposition of all or a portion of our business, assets or shares.

How do we keep your personal information secure?

We consider the protection of sensitive information to be a sound business practice, and to that end we employ appropriate organizational, physical, technical and procedural safeguards, which seek to protect your personal information in our possession or under our control to the extent possible from unauthorized access and improper use.

Your rights under the CCPA

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

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

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

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

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

Contact us

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

Call us using the following number: 303-390-5001.

Submit a request online using the following online form: Mountaingate.com/contact/ and request that we call you.

We will contact you to confirm receipt of your request under the CCPA and request any additional information necessary to verify your request.  We verify requests by matching information provided in connection with your request to information contained in our records. Depending on the sensitivity of the request and the varying levels of risk in responding to such requests (for example, the risk of responding to fraudulent or malicious requests), we may request further information or your investor portal access credentials, if applicable, in order to verify your request. You may designate an authorized agent to make a request under the CCPA on your behalf, provided that you provide a signed agreement verifying such authorized agent’s authority to make requests on your behalf, and we may verify such authorized person’s identity using the procedures above.

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

TERMS OF SERVICE

1. GENERAL.

The following terms govern your use of the Mountaingate website (the “Website”). Mountaingate may change or update these Terms of Service from time-to-time. Your use of the Website constitutes your agreement to the Terms of Service. You understand and agree that the Website may discontinue or restrict your use for any reason without notice and without any liability to you. In addition, when using the Website, you shall be subject to any posted guidelines or applicable rules, which may be posted from time to time and which are hereby incorporated by reference into these Terms of Service.

2. INTELLECTUAL PROPERTY.

Unless otherwise indicated, all content displayed on the Website, including without limitation any pictures, logos, images, and text (collectively “Content”), is the property of the Website, Mountaingate, or its licensors, and is protected by copyright, trademark, and intellectual property laws. Such Content may be used only for your personal and non-commercial use and may not be edited or modified for any purpose. By accessing the Website, you agree not to reproduce, retransmit, distribute, disseminate, display, sell, publish, broadcast or circulate the Website’s Content to anyone, except that you may occasionally reproduce, distribute, display or transmit an insubstantial portion of the Website’s Content, for a noncommercial purpose, to a limited number of individuals, provided you attribute the source of the Content to Mountaingate and indicate that  Mountaingate reserves all rights. The Website does not claim ownership of any information you submit or make such information available for inclusion on the Website. Please refer to the Privacy Policy. If you believe in good faith that any Content infringes upon your copyright, you may send Mountaingate a notice with supporting details to request that the Content be removed. Mountaingate will evaluate the notice and remove such Content, if appropriate. Notices should be sent to Mountaingate Capital, Attn: Website Administrator, 1800 Larimer Street, Suite 2200, Denver, CO 80202.

3. DISCLAIMER OF WARRANTIES AND LIABILITY.

You agree that your access to, and use of, the Website and the Content is on an “as-is”, “as available” basis. The Website may include facts, views, opinions and recommendations, that may not necessarily reflect the view of Mountaingate or its affiliates or personnel. The Website specifically disclaims any representations or warranties, express or implied, as to the Website and the Content contained therein, including, without limitation, any representations or warranties of accuracy, completeness, timeliness, noninfringement, merchantability or fitness for a particular purpose. Neither the Website nor Mountaingate will be liable to you for any loss or injury caused in whole or part by your use of the Website and its Content or for any decision made or action taken by you in reliance on any Content appearing on the Website. Because some states or jurisdictions do not allow the exclusion or limitation of liability for damages or the exclusion of certain types of warranties, parts or all of the above limitation may not apply to you.

4. LINKS TO THIRD PARTY SITES.

The Website may contain hyperlinks to websites operated by persons other than Mountaingate. You agree to hold the Website and Mountaingate harmless for any content or operation of such websites. A hyperlink from the Website to another website does not imply or indicate that the Website or Mountaingate endorses the content on that website, its operator or the operations of that website. You are solely responsible for determining the extent to which you may use any content at any other websites to which you might link from the Website.

5. ADDITIONAL LEGAL TERMS.

These Terms of Service, your rights and obligations, and all actions contemplated by these Terms of Service will be governed by the laws of the United States of America and the State of Colorado, as if these Terms of Service were a contract wholly entered into and wholly performed within the State of Colorado. These Terms of Service will not be governed by the United Nations Convention. If any provision in these Terms of Service is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. These Terms of Service are the entire and final agreement regarding the Website and its Content, and supersede any prior or contemporaneous communications between the Website and you regarding the Website and its Content.

6. PRIVACY AND USE OF INFORMATION.

Please visit our Privacy Policy, which also governs your use of the Website, to understand how we collect and use information about you. If you are outside the United States, you understand and agree that by providing the Website any information about yourself, you are consenting to the transfer of that information to the United States.