Statements of notices, disclaimers and regulatory disclosures.
This Privacy Policy sets forth guidelines concerning how B.E. Blank & Co LP (“B.E. Blank & Company”, “us”, “we” or “our”) gathers and uses information about your interaction with this Website (the “Website”). This Privacy Policy concerns only this Website, and does not concern any Website to which this Website may link.
This Privacy Policy seeks to help you understand whether and how we collect information about you when you visit the Website, and how we use such information. Please read this Privacy Policy carefully, and consult our Terms of Use for more information about the general terms and conditions regarding your use of this Website.
In the event that you have any questions or concerns about the guidelines set forth in this Privacy Policy please contact us at the following address:
B.E. Blank & Company
105 South Narcissus Avenue, Suite 800
West Palm Beach, FL 33401
A. The Types of Information We Collect About You
When you visit and browse the Website, we may collect two different types of information about you: information you provide to us, and information we collect through technology.
- Information You Provide to Us
In order to obtain access to certain services provided via the Website and request certain information regarding B.E. Blank & Company directly from the company via the Website, you may be required to provide personally identifiable information such as your name, postal address, e-mail address, telephone number, facsimile number and investor status. You can choose not to provide this information, but then you might not be able to gain access to such information and services. - Information We Collect Through Technology
We may collect information about you through technology. For example, when you visit the Website, we may collect your IP address. (An IP address is often associated with the portal through which you enter the Internet, like your ISP (Internet service provider), your company, or your university.) Standing alone, your IP address is not personally identifiable. At times, we may also use IP addresses to collect information regarding the frequency with which visitors browse various parts of the Website. We may combine this information with personally identifiable information.The Website may also use cookies. (Cookies are pieces of information that a Website sends to your computer while you are viewing the Website.) We and other companies use cookies for a variety of purposes. For instance, when you return to our Website after logging in, cookies provide information to the Website so that the Website will remember who you are. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your web browser settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that may make your browsing of the Website smoother, like the features mentioned above, and some of our services may not function properly.The Website may also use other technical methods to track visitor usage, including web beacons. (“Web beacons” are small pieces of data that are embedded in images on the pages of a Website.) We may also use these technical methods to analyze the traffic patterns on the Website, such as the frequency with which our users visit various parts of the Website. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We may also use these technical methods in HTML e-mails that we send visitors to the Website to determine whether such visitors have opened those e-mails and/or clicked on links in those e-mails. We may collect the information from use of these technical methods in a form that is personally identifiable. To the extent we are able to do so, we may link your non-personally identifiable information with your personally identifiable information. We may also link information collected online with information we collect offline or that is collected online by third parties.Also, our third-party service providers may ask you voluntarily to provide personal information on their Websites and may share such personal information with us, as governed by their respective privacy policies. Our use of information received from a service provider will be dictated by the service provider’s privacy policies and not this Privacy Policy.We may provide links on the Website to third parties. In addition, third parties may also provide links to the Website. Should you choose to visit these third party Websites, you should review their privacy policies to ensure you understand and are comfortable with their practices concerning your personal information. We do not accept, and do disclaim, any responsibility for the privacy policies and information protection practices of any third party Website (whether or not such Website is linked on or to the Website). These links are provided to you for convenience purposes only, and you access them at your own risk.
B. How Personally Identifiable Information We Collect About You is Used
We may use personally identifiable information we collect about you when you visit and browse the Website in many ways. Representative examples of the ways in which we may use personally identifiable information we collect about you when you visit and browse the Website are set forth below.
- Use in Connection with Normal Business Operations
Although, we do not sell your personal information to third parties, we may use or share certain personally identifiable information we collect about you when you visit and browse the Website as part of our normal business operations (such as processing your requests for forms or other literature or information, transactions, service, or to prepare investor disclosure materials), or to send you administrative communications either about your interactions with us or about features of our Website, including any future changes to this Privacy Policy. - Use in Connection with Third Party Offers
We may also share your information with third parties when you engage in certain activities on the Website that are sponsored by third parties, such as purchasing products or services offered by a third party, or electing to receive information or communications from a third party. When you participate in such, you will either be required or requested to agree that the sponsor or business associate may use your personal information (including, in some cases, your e-mail address) in accordance with the sponsor or business associate’s privacy practices. - Other Uses
Sometimes we hire companies to help deliver products or services, like a shipping company that delivers a package. In that instance, there is a need to share your information with that company. Sometimes we also work with other companies who help either gather your information or communicate with you. Except as separately permitted by the guidelines of this Privacy Policy, these companies are allowed to gather, receive, and use your information only for the purposes described in this paragraph or as required by law.Finally, we may take any personally identifiable information that we collect from you when you visit and browse the Website and make it non-personally identifiable, either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-personalizing your information). Given the nature of this information, there are no restrictions under the guidelines set forth in this Privacy Policy upon our right to aggregate or de-personalize your personal information, and we reserve the right to use and/or share with third parties the resulting non-personally identifiable information in any way.
C. Additional Ways Personally Identifiable Information May be Disclosed
We may share your personal information with our affiliates. From time to time, we may partner with other organizations or companies to provide co-sponsored or co-branded promotions, services or events and may share your personal information with our co-sponsor(s) and partners. We will also disclose personal information when we believe in good faith that such disclosures (a) are required by law, including, for example, to comply with a court order or subpoena, or in response to a law enforcement agency’s request, or (b) will help to: enforce our Terms of Use; protect your safety or security, including the safety and security of property that belongs to you; and/or, protect the safety and security of the Websites, databases, and/or third parties, including the safety and security of tangible and/or intangible property that belongs to us or to third parties. We may also transfer your information to any other entity that acquires all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of our assets.
D. The Security Measures We Take to Safeguard Your Personally Identifiable Information
The security and confidentiality of your information is extremely important to us. We have implemented commercially reasonable technical, administrative, and physical security measures to protect personal information from reasonably foreseeable intrusions by unauthorized third parties. From time to time, we review our security procedures in order to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.
E. Updating Your Contact Information
We will provide you an opportunity to update your contact information and/or modify your communication choices by sending you an e-mail or other communication that invites your response, or by providing a means to update that information via the Website.
F. Children’s Information
The Website is intended for use by those over 18 and minors under the age of 13 may not use the Website. We do not knowingly solicit or collect personal information on the Website from children under the age of 13 without prior verifiable parental consent. If we learn that, despite these measures, a child under the age of 13 has submitted personally identifiable information to us through the Website, we will take reasonable measures to delete such information from our records and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required by law).
G. Do Not Track
Your browser and other mechanisms may permit you to send do-not-track signals or other similar signals to express your preferences regarding online tracking. As we do not track users across time or over multiple Websites, we do not receive, or respond to, browser do-not-track signals or other similar mechanisms. As noted above, third parties, such as our advertising partners, may collect data that relates to you. We cannot control third parties’ responses to do-not-track signals or other such mechanisms. Third parties’ use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.
H. The California Consumer Privacy Act
The California Consumer Privacy Act, California Civil Code §1798.100 et seq., (with any implementing regulations and as may be amended from time to time, “CCPA”) imposes certain obligations on the Fund (“we” or “us”) and grants certain rights to California residents (“California Resident,” “you” or “your”) with regard to “personal information.” If you are a California Resident, please review this Privacy Notice to California Residents (“California Privacy Notice”) for information about how and why we collect, use, and disclose your personal information, our Notice at Collection and your potential rights with regard to your personal information under the CCPA. The rights described herein are subject to exemptions under the CCPA and other limitations under applicable law.
Terms used herein have the meaning ascribed to them in the CCPA. We are a “business.”
Notice at Collection and Use of Personal Information
Personal Information We Collect
We may collect the following categories of personal information from or about you, including: (i) identifiers and similar information, such as name, address, date of birth, email address, social security number, driver’s license number, passport number, online identifiers or other similar identifiers; (ii) additional information subject to Cal. Civ. Code § 1798.80(e), such as education information, credit card number, state identification card number, signature, or bank account, assets, account balances, wire instructions or other financial information; (iii) characteristics of protected classifications under federal or certain state laws, including gender, national origin, or marital status; (iv) commercial information, including records of products or services purchased, obtained, or considered, or other purchasing histories or tendencies, including funds invested, investments considered, or sources of wealth; (v) audio, electronic, visual or similar information; (vi) internet or other electronic network activity information, including interactions with our website or use of certain online tools; (vii) professional or employment-related information, including occupation, compensation, employer, and title; (viii) inferences drawn from any of the information identified above to create a profile reflecting your preferences or similar information, including your potential interest in investing in new funds; and (ix) sensitive personal information under the CCPA such as your Social Security number, passport number, driver’s license or state identification card.
Purposes for Collecting and Using Personal Information
We may collect or use your personal information for the following business or commercial purposes, including: (i) performing services on behalf of a fund, including maintaining or servicing accounts, providing investor relations services, processing subscriptions and withdrawals, verifying information, processing payments or providing similar services; (ii) communicating with you; (iii) performing our contractual obligations to a California Resident as a subscriber to a fund, including providing updates on a fund’s performance, providing tax reporting and other operational matters; (iv) detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, including preventing fraud and conducting “Know Your Client,” anti-money laundering, terrorist financing, and conflict checks; (v) enabling or effecting commercial transactions, including using bank account details to remit funds and process distributions; (vi) where permitted by applicable law, providing you with marketing or promotional materials; (vii) administering and improving our website; and (viii) internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
How Long We Keep Information
How long we keep your personal information will vary depending on the type of personal information and our reasons for collecting it. The retention period will be determined by various criteria, including the purposes for which we are using it (as it will need to be kept for as long as is necessary for any of those purposes) and our legal obligations (as laws or regulations may set a minimum period for which we have to keep your personal information). In general, we will retain your personal information for as long as we require it to perform our contractual rights and obligations or for periods required by our legal and regulatory obligations.
Sale or Sharing of Personal Information
We do not sell or share your personal information (as such terms are defined under the CCPA).
For more information about our privacy practices, please review our entire California Privacy Notice, which is available starting on the first page of this document.
Our Collection, Use and Disclosure of Personal Information and Sensitive Personal Information
What Information We Have Collected and Our Purpose for Collecting the Information
In the preceding 12 months, depending on how you interact with us, we may have collected the categories of personal information listed above in the section, Personal Information We Collect. We may collect all or a few of these categories of personal information for the business or commercial purposes identified in the section, Purposes for Collecting and Using Personal Information.
Sources of Personal Information
We may collect personal information about you directly from you and/or your intermediaries through sources such as: (i) account applications, subscription agreements, and other forms or related documentation; (ii) written, electronic, or verbal correspondence with us or our service providers; (iii) investor transactions; (iv) an investor’s brokerage or financial advisory firm, financial advisor, or consultant; or (v) from information captured on applicable websites. In addition, we may collect personal information from different sources, such as: (i) our affiliates, our service providers, or our affiliates’ service providers; (ii) public websites or other publicly accessible directories and sources, including bankruptcy registers, tax authorities, governmental agencies and departments, and regulatory authorities; or (iii) credit reporting agencies, sanctions screening databases, or from sources designed to detect and prevent fraud.
Disclosure of Personal Information
We do not sell or share your personal information (as those terms are defined under the CCPA). We do not knowingly sell or share the personal information of California residents under 16 years old.
In the preceding 12 months, we may have disclosed for a business purpose the following categories of personal information to the following categories of third parties, as described in the following chart:
| Category of Personal Information | Category of Third Party |
| Identifiers (for example your name, address, DOB, SSN, driver’s license, passport number and online identifiers) --- Additional information subject to Cal. Civ. Code § 1798.80(e) (for example, a signature, state identification card number, financial information, or bank account information) | - Counterparties and intermediaries (e.g., broker-dealers) in connection with investments and transactions or for operational purposes. - Third parties as needed to complete a transaction, including financial institutions or advisors, entities that assist with fraud prevention, custodians or lenders to or creditors of a fund. - Professional services organizations, such as auditors, administrators and attorneys. - Portfolio companies and joint ventures. - Internet service providers. - Providers or partners that support our business operations (such as payment services providers; shipping companies; etc.). - Affiliated entities. - Operating systems and platforms. |
| Characteristics of protected classifications under certain federal or state laws (for example gender, age, national origin, citizenship or marital status) | - Counterparties and intermediaries (e.g., broker-dealers) in connection with investments and transactions or for operational purposes. - Third parties as needed to complete a transaction, including financial institutions or advisors, entities that assist with fraud prevention, custodians or lenders to or creditors of a fund. - Professional services organizations, such as auditors, administrators and attorneys. |
In addition, we may disclose and, in the preceding 12 months, we may have disclosed all of the categories of personal information identified in Personal Information We Collect above, to the following categories of third parties: (i) judicial courts, regulators, or other government agents purporting to have jurisdiction over us, our subsidiaries or our affiliates, or opposing counsel and parties to litigation; and (ii) other third parties as may otherwise be permitted by law. We may disclose personal information to all of the third parties listed above to comply with our legal obligations or for the business or commercial purposes identified above in Purposes for Collecting and Using Personal Information. We may also transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. Additionally, we may disclose your personal information to third parties upon your request, at your direction or with your consent.
We also may disclose or make available your personal information to our service providers, such as our IT providers or CRM provider, other entities that have agreed to limitations on the use of your personal information, or entities that fit within other exemptions or exceptions in or as otherwise permitted by the CCPA.
Use and Disclosure of Sensitive Personal Information
As noted above in Personal Information We Collect, under the CCPA, certain personal information we collect and process may be considered “sensitive personal information.” The CCPA requires that we provide you with a right to limit our use or disclosure of such sensitive personal information in certain circumstances. Currently, we are not using your sensitive personal information for purposes that would require that we provide you with a right to limit.
California Residents’ Rights under the CCPA
If your personal information is subject to the CCPA, you may have certain rights concerning that information, subject to applicable exemptions and limitations, including the right to: (i) be informed, at or before the point of collection, of the categories of personal information to be collected and the purposes for which the categories of personal information shall be used; (ii) not be discriminated against because you exercise any of your rights under the CCPA; (iii) request that we delete any personal information about you that we collected, subject to certain exceptions (“Request to Delete”); (iv) opt-out of the “sale” (as that term is defined in the CCPA) of your personal information if a business sells your personal information (we do not); (v) opt-out of the “sharing” (as that term is defined in the CCPA) of your personal information if a business shares your personal information with third parties (we do not); (vi) limit the use and disclosure of sensitive personal information where required by the CCPA (“Right to Limit”) (please note that we are not using your sensitive personal information for purposes that would require that we provide you with a Right to Limit); (vii) correct inaccurate personal information (“Request to Correct”); and (viii) request that we, as a business that collects personal information about you and that discloses your personal information for a business purpose, disclose to you (“Request to Know”): (a) the categories of personal information we have collected about you; (b) the categories of sources from which we have collected the personal information; (c) the business or commercial purpose for collecting the personal information; (d) the categories of third parties to which we disclosed personal information about you for a business purpose; and (e) the specific pieces of personal information we have collected about you.
The CCPA does not restrict our ability to do certain things like comply with other laws or comply with regulatory investigations. In addition, the CCPA does not apply to certain information, like personal information collected, processed, sold or disclosed pursuant to the federal Gramm-Leach-Bliley Act and its implementing regulations. We also reserve the right to retain, and not to delete, certain personal information after receipt of a Request to Delete from you where permitted by the CCPA or another law or regulation.
How to Submit a Request under the CCPA
You may submit a Request to Know, Request to Correct or a Request to Delete (“Consumer Rights Request”), as described above, through the following toll-free telephone number: 1-844-203-5510, or through our website at the following link https://beblankco.com/contact-us/.
We are only required to respond to verifiable Consumer Rights Requests made by you or your authorized agent. When you submit a Consumer Rights Request, we may ask that you provide clarifying or identifying information to verify your request. Such information may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, your name and email address. Any information gathered as part of the verification process will be used for verification purposes only.
You are permitted to designate an authorized agent to submit a Consumer Rights Request on your behalf and have that authorized agent submit the request through the provided methods. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on your behalf. We may also require that you directly verify your own identity with us and directly confirm with us that you provided the authorized agent permission to submit the request.
Contact for More Information
This California Privacy Notice is available in alternative formats upon request. If you have any questions or concerns about this California Privacy Notice, or to request it in an alternative format, please contact as follows:
B.E. Blank & Company
105 South Narcissus Avenue, Suite 800
West Palm Beach, FL 33401
Phone: (844)-203-5510
Email: [email protected]
Purposes for Collecting and Using Personal Information
We may collect or use your personal information for the following business or commercial purposes: (i) performing services on behalf of a fund, including maintaining or servicing accounts, providing investor relations services, processing subscriptions and withdrawals, verifying information, processing payments or providing similar services; (ii) performing our contractual obligations to a California Resident as a subscriber to a fund, including providing updates on a fund’s performance, providing tax reporting and other operational matters; (iii) detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, including preventing fraud and conducting “Know Your Client,” anti-money laundering, terrorist financing, and conflict checks; and (iv) enabling or effecting commercial transactions, including using bank account details to remit funds and process distributions.
Personal Information We Collect
In the preceding 12 months, we may have collected the following categories of personal information from or about a California Resident: (i) identifiers and similar information, such as name, address, date of birth, email address, social security number, driver’s license number, passport number, online identifiers or other similar identifiers; (ii) additional information subject to Cal. Civ. Code § 1798.80(e), including your education, credit card number, state identification card number, signature, or bank account or other financial information; (iii) characteristics of protected classifications under federal or certain state laws, including gender, national origin, or marital status; (iv) commercial information, including records of products or services purchased, obtained, or considered, or other purchasing histories or tendencies, including funds invested, investments considered, or sources of wealth; (v) internet or other electronic network activity information, including interactions with our website or use of certain online tools; (vi) professional or employment-related information, including occupation, compensation, employer, and title; and (vii) inferences drawn from any of the information identified above to create a profile reflecting your preferences or similar information, including your potential interest in investing in new funds.
In the preceding 12 months, we may have disclosed for a business purpose all of the above categories of personal information to all of the categories of third parties discussed below in “Sharing Personal Information with Third Parties.”
Sources of Personal Information
We may collect personal information about you directly from you and/or your intermediaries through sources such as: (i) account applications, subscription agreements, and other forms or related documentation; (ii) written, electronic, or verbal correspondence with us or our service providers; (iii) investor transactions; (iv) an investor’s brokerage or financial advisory firm, financial advisor, or consultant; or (v) from information captured on applicable websites. In addition, we may collect personal information from different sources, such as: (i) our affiliates, our service providers, or our affiliates’ service providers; (ii) public websites or other publicly accessible directories and sources, including bankruptcy registers, tax authorities, governmental agencies and departments, and regulatory authorities; or (iii) credit reporting agencies, sanctions screening databases, or from sources designed to detect and prevent fraud.
Sharing Personal Information with Third Parties
We do not sell your personal information. We may disclose personal information to third parties in circumstances where we believe in good faith that disclosure is required or permitted under law, to cooperate with regulators or law enforcement authorities, or to protect our rights or property. We also may disclose personal information about you or your accounts to a third party at your request or direction or with your consent.
For these reasons, we may disclose any of the categories of personal information discussed above in “Personal Information We Collect” to any of the following categories of third parties: (i) investors and investors’ intermediaries in connection with investments and transactions; (ii) third parties who deliver our communications, including postal services; (iii) third parties who assist with our information technology and security programs; (iv) third parties who assist with fraud prevention, detection and mitigation; (v) third parties as needed to complete a transaction, including financial institutions; (vi) third parties in connection with legal or regulatory matters, including government or regulatory agencies, courts, opposing counsel and parties to litigation; (vii) third parties in connection with the sale or transfer of all or any relevant portion of our business or assets; (viii) our lawyers, accountants, auditors, and consultants; and (ix) other third parties as permitted or required by law.
We also may disclose your personal information to our service providers, other entities that have agreed to limitations on the use of your personal information, or entities that fit within other exemptions or exceptions in or as otherwise permitted by the CCPA.
California Residents’ Rights under the CCPA
If your personal information is subject to the CCPA, you may have certain rights concerning that information, subject to applicable exemptions and limitations, including the right to: (i) be informed, at or before the point of collection, of the categories of personal information to be collected and the purposes for which the categories of personal information shall be used; (ii) not be discriminated against because you exercise any of your rights under the CCPA; (iii) request that we delete any personal information about you that we collected, subject to certain exceptions (“Request to Delete”); (iv) opt-out of the “sale” (as that term is defined in the CCPA) of your personal information if a business sells your personal information (we do not); and (v) request that we, as a business that collects personal information about you and that discloses your personal information for a business purpose, disclose to you (“Request to Know”): (a) the categories of personal information we have collected about you; (b) the categories of sources from which we have collected the personal information; (c) the business or commercial purpose for collecting the personal information; (d) the categories of third parties to which we disclosed personal information about you for a business purpose; (e) the specific pieces of personal information we have collected about you; and (f) the categories of personal information we have disclosed about you for a business purpose.
The CCPA does not restrict our ability to do certain things like comply with other laws or comply with regulatory investigations. In addition, the CCPA does not apply to certain information, like personal information collected, processed, sold or disclosed pursuant to the federal Gramm-Leach-Bliley Act and its implementing regulations. We also reserve the right to retain, and not to delete, certain personal information after receipt of a Request to Delete from you where permitted by the CCPA or another law or regulation.
How to Submit a Request under the CCPA
You may submit a Request to Know, as described above, through the following telephone number: (561) 566-5112, or through our website at the following link https://beblankco.com/contact-us/.You may submit a Request to Delete, as described above, through the following telephone number: (561) 566-5112, or by email to [email protected].
We are required to provide certain information or to delete personal information only in response to verifiable requests made by you or your authorized agent. Any information gathered as part of the verification process will be used for verification purposes only.
In order to verify Requests to Know and Requests to Delete, we will contact you via your telephone number to verify your identity by asking you questions specific to the account in question.
If an authorized agent seeks to submit a request on behalf of a California Resident, the authorized agent may do so by the aforementioned methods, however, they must provide: (i) signed authorization from the California Resident authorizing them to act on the California Resident’s behalf, unless they can provide proof that the California Resident has granted them power of attorney pursuant to California Probate Code sections 4000 to 4465; and (ii) proof of their registration with the California Secretary of State to conduct business in California. We also require that the California Resident directly verify their own identity with us and directly confirm with us that they provided the authorized agent permission to submit the request.
Contact for More Information
If you have any question or concerns about this California privacy policy, please contact as follows:
B.E. Blank & Company
105 South Narcissus Avenue, Suite 800
West Palm Beach, FL 33401
Phone: (561) 566-5110
Email: [email protected]
Terms of Use Policy
Thank you for visiting B.E. Blank & Co LP’s (“B.E. Blank & Company”, “us”, “we” or “our”) Website (collectively, the “Website”).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you acknowledge that you have read these terms and conditions of use and you agree to be bound by them without limitation or qualification. If you do not agree to these terms and conditions of use, you do not have our consent and should exit the Website immediately. B.E. Blank & Company reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Therefore, we suggest that you review these terms periodically for changes. By using our Website after we have posted changes to these terms and conditions of use, you are agreeing to be bound by these terms as amended.
Disclaimer
NOTHING CONTAINED IN THE WEBSITE CONSTITUTES INVESTMENT, LEGAL OR TAX ADVICE. NEITHER THE INFORMATION, NOR ANY OPINION CONTAINED IN THE WEBSITE CONSTITUTES A SOLICITATION OR OFFER BY B.E. BLANK & COMPANY, ANY OF ITS AFFILIATES OR ANY FUND OR OTHER ENTITY MANAGED DIRECTLY OR INDIRECTLY BY ANY OF THE FOREGOING, TO BUY OR SELL ANY PARTNERSHIP INTEREST, SECURITIES, FUTURES, OPTIONS OR OTHER FINANCIAL INSTRUMENTS. DECISIONS BASED ON INFORMATION CONTAINED ON THE WEBSITE ARE THE SOLE RESPONSIBILITY OF THE VISITOR, AND AS CONSIDERATION FOR ACCESS TO THE WEBSITE, YOU AGREE TO HOLD B.E. BLANK & COMPANY AND ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.
THE MATERIALS IN THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED). TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, B.E. BLANK & COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Restrictions on Use of Materials
Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the Website are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by B.E. Blank & Company. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may not distribute, modify, transmit, reuse, repost, or use the content of the Website, including, without limitation, any text, images, audio and video, for public or commercial purposes without B.E. Blank & Company’s written permission. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of B.E. Blank & Company. B.E. Blank & Company will not treat users of this Website as its clients by virtue of them accessing this Website.
Jurisdiction
Unless otherwise specified, the materials in or accessible through the Website are directed at residents of the United States, its territories, possessions, and protectorates. The Website is controlled and operated by B.E. Blank & Company from its offices within the State of Florida. B.E. Blank & Company makes no representation that materials in or accessible through the Website are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You may not use or export the information or materials in violation of U.S. export laws and regulations. The information provided in or accessible through the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject B.E. Blank & Company to any registration or other requirement within such jurisdiction or country.
Transmissions to and from the Website
Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the domain name or made via this Website may not be secure. Communications to B.E. Blank & Company, particularly those containing confidential information, should be sent by mail to:
B.E. Blank & Company
777 S. Flagler Drive, Suite 800 West
West Palm Beach, FL 33401
B.E. Blank & Company will be free to use, for any purpose, without compensation due or payable to you, any ideas, concepts, know-how or techniques provided by a Website user to B.E. Blank & Company through the Website.
Termination
These terms are effective until terminated by B.E. Blank & Company, provided that you may terminate these terms at any time only by destroying all information and materials obtained by you or on your behalf from the Website and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Such termination by you will not be effective if B.E. Blank & Company, in its sole discretion and without notice to you or otherwise, determines that you have failed to comply with any term or provision of these terms. Upon any termination of these terms, you must destroy all information and materials obtained by you or on your behalf from the Website and all copies and installations thereof, whether made under the terms of these terms or otherwise.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, B.E. BLANK & COMPANY EXPRESSLY DISCLAIM ANY AND ALL LIABILITY WHATSOEVER FOR ERRORS AND OMISSIONS IN ANY INFORMATION OR MATERIALS, AND FOR ANY USE OR INTERPRETATION BY OTHERS OF ANY INFORMATION OR MATERIALS, CONTAINED IN OR ACCESSIBLE THROUGH THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL B.E. BLANK & COMPANY BE LIABLE IN ANY RESPECT WHATSOEVER FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE INFORMATION AND MATERIALS IN OR ACCESSIBLE THROUGH THE WEBSITE, EVEN IF B.E. BLANK & COMPANY OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, IN NO EVENT WILL THE TOTAL LIABILITY (IF ANY) OF B.E. BLANK & COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
Links to Other Websites and Services
B.E. Blank & Company does not review or monitor any Websites linked from or to the Website and none of them is or will be responsible for the content of any such linked Websites. Following links from or to such Websites is at your sole risk. Accordingly, neither B.E. Blank & Company nor any of its affiliates can be held responsible for the information, materials, products or services obtained on or from such other Websites, nor will any of them be liable in any respect whatsoever for any damages arising from your access to such Websites. Any links from or to other Websites are provided merely for the convenience of the users of the Website and the inclusion of these links does not imply an endorsement, representation or warranty by B.E. Blank & Company with respect to any such linked Websites or the content, products or services contained or accessible through, or the operators of, such Websites. In addition, you agree not to link any of your Websites or any third-party Website to the Website without the express prior written consent of B.E. Blank & Company. B.E. Blank & Company reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a Website from or to the Website.
Waiver
No waiver by B.E. Blank & Company of any right under or term or provision of these terms and conditions will be deemed a waiver of any other right, term or provision of these terms and conditions at that time or a waiver of that or any other right, term or provision of these terms and conditions at any other time.
Governing Law and Consent to Jurisdiction
THESE TERMS AND CONDITIONS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE WILL BE COMMENCED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN PALM BEACH COUNTY, FLORIDA AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.
Other
If any provision of these terms will be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. The preceding terms and conditions represent the entire agreement between B.E. Blank & Company, on the one hand, and you, on the other, relating to the subject matter hereof.
Research Disclosure
Economic and market views and forecasts reflect our judgment as of the date of this presentation and are subject to change without notice. In particular, forecasts are estimated, based on assumptions, and may change materially as economic and market conditions change. The Carlyle Group has no obligation to provide updates or changes to these forecasts. Certain information contained herein has been obtained from sources prepared by other parties, which in certain cases have not been updated through the date hereof. While such information is believed to be reliable for the purpose used herein, The Carlyle Group and its affiliates assume no responsibility for the accuracy, completeness or fairness of such information. References to particular portfolio companies are not intended as, and should not be construed as, recommendations for any particular company, investment, or security. The investments described herein were not made by a single investment fund or other product and do not represent all of the investments purchased or sold by any fund or product. This material should not be construed as an offer to sell or the solicitation of an offer to buy any security in any jurisdiction where such an offer or solicitation would be illegal. We are not soliciting any action based on this material. It is for the general information of clients of The Carlyle Group. It does not constitute a personal recommendation or take into account the particular investment objectives, financial situations, or needs of individual investors.ESG Disclosure
Any reference to ESG or impact goals, commitments, incentives, initiatives or outcomes in any statements or communications published on Carlyle.com or through Carlyle’s social media accounts (including any such statements or communications shared by third parties) is not intended by Carlyle to be promoted as an environmental or social characteristic for the purposes of Article 8 of Regulation (EU) 2019/2088 on sustainability-related disclosures in the financial services sector (“SFDR”), or a sustainable investment objective for the purposes of Article 9 SFDR, and such goals, commitments, incentives, initiatives or outcomes do not bind any investment decisions made in respect of, or the management or stewardship of, any Carlyle funds.ESG Investing
At B.E. Blank & Company (B.E. Blank), we believe ourselves to be long-term stewards of our clients’ capital. This philosophy leads us to focus on the long-term prospects for the assets in which we invest. Because a law firm’s sustainability profile can impact its ability to create long-term value for investors, responsible and impactful investing is integrated into our investment approach alongside legal underwriting, credit and financial underwriting, and other relevant investment considerations.
We employ a rigorous traditional credit and legal analysis on each loan considered for investment, which includes identifying and considering various ESG-focused factors. We believe that sustainable long-term investing extends beyond the evaluation of quantitative factors and traditional review of conventional financial metrics, which results in impactful investing being a natural derivative of our quality-oriented fundamental research and risk management.
Principles for Responsible Investment (PRI)
B.E. Blank is a signatory member of the Principles for Responsible Investment (PRI). B.E. Blank has committed to a framework that ensures accountability and enables us to evaluate our process against an industry-standard framework. By implementing principles for ESG integration and impact investing, we contribute to sustainability.
Engagement & Stewardship
To promote the long-term success of our clients, B.E. Blank acknowledges the importance of investor stewardship. When a firm is involved in certain controversial activities, B.E. Blank may refrain from investing in loans to that firm. In our investors’ best interest, we monitor the law firms and loans in which we invest and engage with the law firms on issues such as strategy, risk and corporate governance. We will voice our opinions with respect to sustainable and impactful business practices that improve the long-term prospects of a loan, where possible, via interaction with a law firm’s management.
Training
As practitioners, every member of our investment and asset management teams understands the importance of businesses that embrace sustainable business principles. Many of our investment team members are distinguished by years of hands-on relevant work experience across various legal, investment and financial services sectors. As a result, we research potential investments from the viewpoint of industry practitioners as well as financial analysts, and we have developed the knowledge, experience, and robust network of industry contacts to appreciate the nuances of potential investments. While academic credentials provide a foundation of intellectual rigor, it is our real-world judgment at the heart of each investment that differentiates our team’s approach to discerning fundamentally sound investment opportunities from those that simply appear attractive.
Disclosures
This document is provided for informational purposes only and should not be construed as investment advice, as a research report, as a recommendation to purchase, sell or hold any security, or as a solicitation of investment services. The views expressed herein are as of a particular point in time and are subject to change without notice. Investing in a fund managed by B.E. Blank involves risk of loss including the risk of loss of the entire investment. Potential investments should be made only after consulting with independent, qualified sources of accounting, investment, legal, tax and other advice. Past performance is no guarantee of future results and no investment strategy can guarantee profit or protection against losses. This document may not be reproduced or distributed without our prior written consent.
Privacy Notice
This Privacy Policy sets forth guidelines concerning how B.E. Blank & Co LP (“B.E. Blank & Company”, “us”, “we” or “our”) gathers and uses information about your interaction with this Website (the “Website”). This Privacy Policy concerns only this Website, and does not concern any Website to which this Website may link.
This Privacy Policy seeks to help you understand whether and how we collect information about you when you visit the Website, and how we use such information. Please read this Privacy Policy carefully, and consult our Terms of Use for more information about the general terms and conditions regarding your use of this Website.
In the event that you have any questions or concerns about the guidelines set forth in this Privacy Policy please contact us at the following address:
B.E. Blank & Company
105 South Narcissus Avenue, Suite 800
West Palm Beach, FL 33401
A. The Types of Information We Collect About You
When you visit and browse the Website, we may collect two different types of information about you: information you provide to us, and information we collect through technology.
- Information You Provide to Us
In order to obtain access to certain services provided via the Website and request certain information regarding B.E. Blank & Company directly from the company via the Website, you may be required to provide personally identifiable information such as your name, postal address, e-mail address, telephone number, facsimile number and investor status. You can choose not to provide this information, but then you might not be able to gain access to such information and services.
- Information We Collect Through Technology
We may collect information about you through technology. For example, when you visit the Website, we may collect your IP address. (An IP address is often associated with the portal through which you enter the Internet, like your ISP (Internet service provider), your company, or your university.) Standing alone, your IP address is not personally identifiable. At times, we may also use IP addresses to collect information regarding the frequency with which visitors browse various parts of the Website. We may combine this information with personally identifiable information.The Website may also use cookies. (Cookies are pieces of information that a Website sends to your computer while you are viewing the Website.) We and other companies use cookies for a variety of purposes. For instance, when you return to our Website after logging in, cookies provide information to the Website so that the Website will remember who you are. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your web browser settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that may make your browsing of the Website smoother, like the features mentioned above, and some of our services may not function properly.The Website may also use other technical methods to track visitor usage, including web beacons. (“Web beacons” are small pieces of data that are embedded in images on the pages of a Website.) We may also use these technical methods to analyze the traffic patterns on the Website, such as the frequency with which our users visit various parts of the Website. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We may also use these technical methods in HTML e-mails that we send visitors to the Website to determine whether such visitors have opened those e-mails and/or clicked on links in those e-mails. We may collect the information from use of these technical methods in a form that is personally identifiable. To the extent we are able to do so, we may link your non-personally identifiable information with your personally identifiable information. We may also link information collected online with information we collect offline or that is collected online by third parties.Also, our third-party service providers may ask you voluntarily to provide personal information on their Websites and may share such personal information with us, as governed by their respective privacy policies. Our use of information received from a service provider will be dictated by the service provider’s privacy policies and not this Privacy Policy.We may provide links on the Website to third parties. In addition, third parties may also provide links to the Website. Should you choose to visit these third party Websites, you should review their privacy policies to ensure you understand and are comfortable with their practices concerning your personal information. We do not accept, and do disclaim, any responsibility for the privacy policies and information protection practices of any third party Website (whether or not such Website is linked on or to the Website). These links are provided to you for convenience purposes only, and you access them at your own risk.
B. How Personally Identifiable Information We Collect About You is Used
We may use personally identifiable information we collect about you when you visit and browse the Website in many ways. Representative examples of the ways in which we may use personally identifiable information we collect about you when you visit and browse the Website are set forth below.
- Use in Connection with Normal Business Operations
Although, we do not sell your personal information to third parties, we may use or share certain personally identifiable information we collect about you when you visit and browse the Website as part of our normal business operations (such as processing your requests for forms or other literature or information, transactions, service, or to prepare investor disclosure materials), or to send you administrative communications either about your interactions with us or about features of our Website, including any future changes to this Privacy Policy.
- Use in Connection with Third Party Offers
We may also share your information with third parties when you engage in certain activities on the Website that are sponsored by third parties, such as purchasing products or services offered by a third party, or electing to receive information or communications from a third party. When you participate in such, you will either be required or requested to agree that the sponsor or business associate may use your personal information (including, in some cases, your e-mail address) in accordance with the sponsor or business associate’s privacy practices.
- Other Uses
Sometimes we hire companies to help deliver products or services, like a shipping company that delivers a package. In that instance, there is a need to share your information with that company. Sometimes we also work with other companies who help either gather your information or communicate with you. Except as separately permitted by the guidelines of this Privacy Policy, these companies are allowed to gather, receive, and use your information only for the purposes described in this paragraph or as required by law. Finally, we may take any personally identifiable information that we collect from you when you visit and browse the Website and make it non-personally identifiable, either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-personalizing your information). Given the nature of this information, there are no restrictions under the guidelines set forth in this Privacy Policy upon our right to aggregate or de-personalize your personal information, and we reserve the right to use and/or share with third parties the resulting non-personally identifiable information in any way.
C. Additional Ways Personally Identifiable Information May be Disclosed
We may share your personal information with our affiliates. From time to time, we may partner with other organizations or companies to provide co-sponsored or co-branded promotions, services or events and may share your personal information with our co-sponsor(s) and partners. We will also disclose personal information when we believe in good faith that such disclosures (a) are required by law, including, for example, to comply with a court order or subpoena, or in response to a law enforcement agency’s request, or (b) will help to: enforce our Terms of Use; protect your safety or security, including the safety and security of property that belongs to you; and/or, protect the safety and security of the Websites, databases, and/or third parties, including the safety and security of tangible and/or intangible property that belongs to us or to third parties. We may also transfer your information to any other entity that acquires all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of our assets.
D. The Security Measures We Take to Safeguard Your Personally Identifiable Information
The security and confidentiality of your information is extremely important to us. We have implemented commercially reasonable technical, administrative, and physical security measures to protect personal information from reasonably foreseeable intrusions by unauthorized third parties. From time to time, we review our security procedures in order to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.
E. Updating Your Contact Information
We will provide you an opportunity to update your contact information and/or modify your communication choices by sending you an e-mail or other communication that invites your response, or by providing a means to update that information via the Website.
F. Children’s Information
The Website is intended for use by those over 18 and minors under the age of 13 may not use the Website. We do not knowingly solicit or collect personal information on the Website from children under the age of 13 without prior verifiable parental consent. If we learn that, despite these measures, a child under the age of 13 has submitted personally identifiable information to us through the Website, we will take reasonable measures to delete such information from our records and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required by law).
G. Do Not Track
Your browser and other mechanisms may permit you to send do-not-track signals or other similar signals to express your preferences regarding online tracking. As we do not track users across time or over multiple Websites, we do not receive, or respond to, browser do-not-track signals or other similar mechanisms. As noted above, third parties, such as our advertising partners, may collect data that relates to you. We cannot control third parties’ responses to do-not-track signals or other such mechanisms. Third parties’ use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.
H. The California Consumer Privacy Act
The California Consumer Privacy Act, California Civil Code §1798.100 et seq., (with any implementing regulations and as may be amended from time to time, “CCPA”) imposes certain obligations on the Fund (“we” or “us”) and grants certain rights to California residents (“California Resident,” “you” or “your”) with regard to “personal information.” If you are a California Resident, please review this Privacy Notice to California Residents (“California Privacy Notice”) for information about how and why we collect, use, and disclose your personal information, our Notice at Collection and your potential rights with regard to your personal information under the CCPA. The rights described herein are subject to exemptions under the CCPA and other limitations under applicable law.
Terms used herein have the meaning ascribed to them in the CCPA. We are a “business.”
Notice at Collection and Use of Personal Information
Personal Information We Collect
We may collect the following categories of personal information from or about you, including: (i) identifiers and similar information, such as name, address, date of birth, email address, social security number, driver’s license number, passport number, online identifiers or other similar identifiers; (ii) additional information subject to Cal. Civ. Code § 1798.80(e), such as education information, credit card number, state identification card number, signature, or bank account, assets, account balances, wire instructions or other financial information; (iii) characteristics of protected classifications under federal or certain state laws, including gender, national origin, or marital status; (iv) commercial information, including records of products or services purchased, obtained, or considered, or other purchasing histories or tendencies, including funds invested, investments considered, or sources of wealth; (v) audio, electronic, visual or similar information; (vi) internet or other electronic network activity information, including interactions with our website or use of certain online tools; (vii) professional or employment-related information, including occupation, compensation, employer, and title; (viii) inferences drawn from any of the information identified above to create a profile reflecting your preferences or similar information, including your potential interest in investing in new funds; and (ix) sensitive personal information under the CCPA such as your Social Security number, passport number, driver’s license or state identification card.
Purposes for Collecting and Using Personal Information
We may collect or use your personal information for the following business or commercial purposes, including: (i) performing services on behalf of a fund, including maintaining or servicing accounts, providing investor relations services, processing subscriptions and withdrawals, verifying information, processing payments or providing similar services; (ii) communicating with you; (iii) performing our contractual obligations to a California Resident as a subscriber to a fund, including providing updates on a fund’s performance, providing tax reporting and other operational matters; (iv) detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, including preventing fraud and conducting “Know Your Client,” anti-money laundering, terrorist financing, and conflict checks; (v) enabling or effecting commercial transactions, including using bank account details to remit funds and process distributions; (vi) where permitted by applicable law, providing you with marketing or promotional materials; (vii) administering and improving our website; and (viii) internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
How Long We Keep Information
How long we keep your personal information will vary depending on the type of personal information and our reasons for collecting it. The retention period will be determined by various criteria, including the purposes for which we are using it (as it will need to be kept for as long as is necessary for any of those purposes) and our legal obligations (as laws or regulations may set a minimum period for which we have to keep your personal information). In general, we will retain your personal information for as long as we require it to perform our contractual rights and obligations or for periods required by our legal and regulatory obligations.
Sale or Sharing of Personal Information
We do not sell or share your personal information (as such terms are defined under the CCPA).
For more information about our privacy practices, please review our entire California Privacy Notice, which is available starting on the first page of this document.
Our Collection, Use and Disclosure of Personal Information and Sensitive Personal Information
What Information We Have Collected and Our Purpose for Collecting the Information
In the preceding 12 months, depending on how you interact with us, we may have collected the categories of personal information listed above in the section, Personal Information We Collect. We may collect all or a few of these categories of personal information for the business or commercial purposes identified in the section, Purposes for Collecting and Using Personal Information.
Sources of Personal Information
We may collect personal information about you directly from you and/or your intermediaries through sources such as: (i) account applications, subscription agreements, and other forms or related documentation; (ii) written, electronic, or verbal correspondence with us or our service providers; (iii) investor transactions; (iv) an investor’s brokerage or financial advisory firm, financial advisor, or consultant; or (v) from information captured on applicable websites. In addition, we may collect personal information from different sources, such as: (i) our affiliates, our service providers, or our affiliates’ service providers; (ii) public websites or other publicly accessible directories and sources, including bankruptcy registers, tax authorities, governmental agencies and departments, and regulatory authorities; or (iii) credit reporting agencies, sanctions screening databases, or from sources designed to detect and prevent fraud.
Disclosure of Personal Information
We do not sell or share your personal information (as those terms are defined under the CCPA). We do not knowingly sell or share the personal information of California residents under 16 years old.
In the preceding 12 months, we may have disclosed for a business purpose the following categories of personal information to the following categories of third parties, as described in the following chart:
| Category of Personal Information | Category of Third Party |
Identifiers (for example your name, address, DOB, SSN, driver’s license, passport number and online identifiers) | - Counterparties and intermediaries (e.g., broker-dealers) in connection with investments and transactions or for operational purposes. |
Characteristics of protected classifications under certain federal or state laws (for example gender, age, national origin, citizenship or marital status) | - Counterparties and intermediaries (e.g., broker-dealers) in connection with investments and transactions or for operational purposes. |
In addition, we may disclose and, in the preceding 12 months, we may have disclosed all of the categories of personal information identified in Personal Information We Collect above, to the following categories of third parties: (i) judicial courts, regulators, or other government agents purporting to have jurisdiction over us, our subsidiaries or our affiliates, or opposing counsel and parties to litigation; and (ii) other third parties as may otherwise be permitted by law. We may disclose personal information to all of the third parties listed above to comply with our legal obligations or for the business or commercial purposes identified above in Purposes for Collecting and Using Personal Information. We may also transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. Additionally, we may disclose your personal information to third parties upon your request, at your direction or with your consent.
We also may disclose or make available your personal information to our service providers, such as our IT providers or CRM provider, other entities that have agreed to limitations on the use of your personal information, or entities that fit within other exemptions or exceptions in or as otherwise permitted by the CCPA.
Use and Disclosure of Sensitive Personal Information
As noted above in Personal Information We Collect, under the CCPA, certain personal information we collect and process may be considered “sensitive personal information.” The CCPA requires that we provide you with a right to limit our use or disclosure of such sensitive personal information in certain circumstances. Currently, we are not using your sensitive personal information for purposes that would require that we provide you with a right to limit.
California Residents’ Rights under the CCPA
If your personal information is subject to the CCPA, you may have certain rights concerning that information, subject to applicable exemptions and limitations, including the right to: (i) be informed, at or before the point of collection, of the categories of personal information to be collected and the purposes for which the categories of personal information shall be used; (ii) not be discriminated against because you exercise any of your rights under the CCPA; (iii) request that we delete any personal information about you that we collected, subject to certain exceptions (“Request to Delete”); (iv) opt-out of the “sale” (as that term is defined in the CCPA) of your personal information if a business sells your personal information (we do not); (v) opt-out of the “sharing” (as that term is defined in the CCPA) of your personal information if a business shares your personal information with third parties (we do not); (vi) limit the use and disclosure of sensitive personal information where required by the CCPA (“Right to Limit”) (please note that we are not using your sensitive personal information for purposes that would require that we provide you with a Right to Limit); (vii) correct inaccurate personal information (“Request to Correct”); and (viii) request that we, as a business that collects personal information about you and that discloses your personal information for a business purpose, disclose to you (“Request to Know”): (a) the categories of personal information we have collected about you; (b) the categories of sources from which we have collected the personal information; (c) the business or commercial purpose for collecting the personal information; (d) the categories of third parties to which we disclosed personal information about you for a business purpose; and (e) the specific pieces of personal information we have collected about you.
The CCPA does not restrict our ability to do certain things like comply with other laws or comply with regulatory investigations. In addition, the CCPA does not apply to certain information, like personal information collected, processed, sold or disclosed pursuant to the federal Gramm-Leach-Bliley Act and its implementing regulations. We also reserve the right to retain, and not to delete, certain personal information after receipt of a Request to Delete from you where permitted by the CCPA or another law or regulation.
How to Submit a Request under the CCPA
You may submit a Request to Know, Request to Correct or a Request to Delete (“Consumer Rights Request”), as described above, through the following toll-free telephone number: 1-844-203-5510, or through our website at the following link https://beblankco.com/contact-us/.
We are only required to respond to verifiable Consumer Rights Requests made by you or your authorized agent. When you submit a Consumer Rights Request, we may ask that you provide clarifying or identifying information to verify your request. Such information may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, your name and email address. Any information gathered as part of the verification process will be used for verification purposes only.
You are permitted to designate an authorized agent to submit a Consumer Rights Request on your behalf and have that authorized agent submit the request through the provided methods. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on your behalf. We may also require that you directly verify your own identity with us and directly confirm with us that you provided the authorized agent permission to submit the request.
Contact for More Information
This California Privacy Notice is available in alternative formats upon request. If you have any questions or concerns about this California Privacy Notice, or to request it in an alternative format, please contact as follows:
B.E. Blank & Company
105 South Narcissus Avenue, Suite 800
West Palm Beach, FL 33401
Phone: (844)-203-5510
Email: [email protected]
Purposes for Collecting and Using Personal Information
We may collect or use your personal information for the following business or commercial purposes: (i) performing services on behalf of a fund, including maintaining or servicing accounts, providing investor relations services, processing subscriptions and withdrawals, verifying information, processing payments or providing similar services; (ii) performing our contractual obligations to a California Resident as a subscriber to a fund, including providing updates on a fund’s performance, providing tax reporting and other operational matters; (iii) detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, including preventing fraud and conducting “Know Your Client,” anti-money laundering, terrorist financing, and conflict checks; and (iv) enabling or effecting commercial transactions, including using bank account details to remit funds and process distributions.
Personal Information We Collect
In the preceding 12 months, we may have collected the following categories of personal information from or about a California Resident: (i) identifiers and similar information, such as name, address, date of birth, email address, social security number, driver’s license number, passport number, online identifiers or other similar identifiers; (ii) additional information subject to Cal. Civ. Code § 1798.80(e), including your education, credit card number, state identification card number, signature, or bank account or other financial information; (iii) characteristics of protected classifications under federal or certain state laws, including gender, national origin, or marital status; (iv) commercial information, including records of products or services purchased, obtained, or considered, or other purchasing histories or tendencies, including funds invested, investments considered, or sources of wealth; (v) internet or other electronic network activity information, including interactions with our website or use of certain online tools; (vi) professional or employment-related information, including occupation, compensation, employer, and title; and (vii) inferences drawn from any of the information identified above to create a profile reflecting your preferences or similar information, including your potential interest in investing in new funds.
In the preceding 12 months, we may have disclosed for a business purpose all of the above categories of personal information to all of the categories of third parties discussed below in “Sharing Personal Information with Third Parties.”
Sources of Personal Information
We may collect personal information about you directly from you and/or your intermediaries through sources such as: (i) account applications, subscription agreements, and other forms or related documentation; (ii) written, electronic, or verbal correspondence with us or our service providers; (iii) investor transactions; (iv) an investor’s brokerage or financial advisory firm, financial advisor, or consultant; or (v) from information captured on applicable websites. In addition, we may collect personal information from different sources, such as: (i) our affiliates, our service providers, or our affiliates’ service providers; (ii) public websites or other publicly accessible directories and sources, including bankruptcy registers, tax authorities, governmental agencies and departments, and regulatory authorities; or (iii) credit reporting agencies, sanctions screening databases, or from sources designed to detect and prevent fraud.
Sharing Personal Information with Third Parties
We do not sell your personal information. We may disclose personal information to third parties in circumstances where we believe in good faith that disclosure is required or permitted under law, to cooperate with regulators or law enforcement authorities, or to protect our rights or property. We also may disclose personal information about you or your accounts to a third party at your request or direction or with your consent.
For these reasons, we may disclose any of the categories of personal information discussed above in “Personal Information We Collect” to any of the following categories of third parties: (i) investors and investors’ intermediaries in connection with investments and transactions; (ii) third parties who deliver our communications, including postal services; (iii) third parties who assist with our information technology and security programs; (iv) third parties who assist with fraud prevention, detection and mitigation; (v) third parties as needed to complete a transaction, including financial institutions; (vi) third parties in connection with legal or regulatory matters, including government or regulatory agencies, courts, opposing counsel and parties to litigation; (vii) third parties in connection with the sale or transfer of all or any relevant portion of our business or assets; (viii) our lawyers, accountants, auditors, and consultants; and (ix) other third parties as permitted or required by law.
We also may disclose your personal information to our service providers, other entities that have agreed to limitations on the use of your personal information, or entities that fit within other exemptions or exceptions in or as otherwise permitted by the CCPA.
California Residents’ Rights under the CCPA
If your personal information is subject to the CCPA, you may have certain rights concerning that information, subject to applicable exemptions and limitations, including the right to: (i) be informed, at or before the point of collection, of the categories of personal information to be collected and the purposes for which the categories of personal information shall be used; (ii) not be discriminated against because you exercise any of your rights under the CCPA; (iii) request that we delete any personal information about you that we collected, subject to certain exceptions (“Request to Delete”); (iv) opt-out of the “sale” (as that term is defined in the CCPA) of your personal information if a business sells your personal information (we do not); and (v) request that we, as a business that collects personal information about you and that discloses your personal information for a business purpose, disclose to you (“Request to Know”): (a) the categories of personal information we have collected about you; (b) the categories of sources from which we have collected the personal information; (c) the business or commercial purpose for collecting the personal information; (d) the categories of third parties to which we disclosed personal information about you for a business purpose; (e) the specific pieces of personal information we have collected about you; and (f) the categories of personal information we have disclosed about you for a business purpose.
The CCPA does not restrict our ability to do certain things like comply with other laws or comply with regulatory investigations. In addition, the CCPA does not apply to certain information, like personal information collected, processed, sold or disclosed pursuant to the federal Gramm-Leach-Bliley Act and its implementing regulations. We also reserve the right to retain, and not to delete, certain personal information after receipt of a Request to Delete from you where permitted by the CCPA or another law or regulation.
How to Submit a Request under the CCPA
You may submit a Request to Know, as described above, through the following telephone number: (561) 566-5112, or through our website at the following link https://beblankco.com/contact-us/.You may submit a Request to Delete, as described above, through the following telephone number: (561) 566-5112, or by email to [email protected].
We are required to provide certain information or to delete personal information only in response to verifiable requests made by you or your authorized agent. Any information gathered as part of the verification process will be used for verification purposes only.
In order to verify Requests to Know and Requests to Delete, we will contact you via your telephone number to verify your identity by asking you questions specific to the account in question.
If an authorized agent seeks to submit a request on behalf of a California Resident, the authorized agent may do so by the aforementioned methods, however, they must provide: (i) signed authorization from the California Resident authorizing them to act on the California Resident’s behalf, unless they can provide proof that the California Resident has granted them power of attorney pursuant to California Probate Code sections 4000 to 4465; and (ii) proof of their registration with the California Secretary of State to conduct business in California. We also require that the California Resident directly verify their own identity with us and directly confirm with us that they provided the authorized agent permission to submit the request.
Contact for More Information
If you have any question or concerns about this California privacy policy, please contact as follows:
B.E. Blank & Company
105 South Narcissus Avenue, Suite 800
West Palm Beach, FL 33401
Phone: (561) 566-5110
Email: [email protected]
Terms of Use Policy
Thank you for visiting B.E. Blank & Co LP’s (“B.E. Blank & Company”, “us”, “we” or “our”) Website (collectively, the “Website”).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you acknowledge that you have read these terms and conditions of use and you agree to be bound by them without limitation or qualification. If you do not agree to these terms and conditions of use, you do not have our consent and should exit the Website immediately. B.E. Blank & Company reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Therefore, we suggest that you review these terms periodically for changes. By using our Website after we have posted changes to these terms and conditions of use, you are agreeing to be bound by these terms as amended.
Disclaimer
NOTHING CONTAINED IN THE WEBSITE CONSTITUTES INVESTMENT, LEGAL OR TAX ADVICE. NEITHER THE INFORMATION, NOR ANY OPINION CONTAINED IN THE WEBSITE CONSTITUTES A SOLICITATION OR OFFER BY B.E. BLANK & COMPANY, ANY OF ITS AFFILIATES OR ANY FUND OR OTHER ENTITY MANAGED DIRECTLY OR INDIRECTLY BY ANY OF THE FOREGOING, TO BUY OR SELL ANY PARTNERSHIP INTEREST, SECURITIES, FUTURES, OPTIONS OR OTHER FINANCIAL INSTRUMENTS. DECISIONS BASED ON INFORMATION CONTAINED ON THE WEBSITE ARE THE SOLE RESPONSIBILITY OF THE VISITOR, AND AS CONSIDERATION FOR ACCESS TO THE WEBSITE, YOU AGREE TO HOLD B.E. BLANK & COMPANY AND ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.
THE MATERIALS IN THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED). TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, B.E. BLANK & COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Restrictions on Use of Materials
Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the Website are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by B.E. Blank & Company. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may not distribute, modify, transmit, reuse, repost, or use the content of the Website, including, without limitation, any text, images, audio and video, for public or commercial purposes without B.E. Blank & Company’s written permission. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of B.E. Blank & Company. B.E. Blank & Company will not treat users of this Website as its clients by virtue of them accessing this Website.
Jurisdiction
Unless otherwise specified, the materials in or accessible through the Website are directed at residents of the United States, its territories, possessions, and protectorates. The Website is controlled and operated by B.E. Blank & Company from its offices within the State of Florida. B.E. Blank & Company makes no representation that materials in or accessible through the Website are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You may not use or export the information or materials in violation of U.S. export laws and regulations. The information provided in or accessible through the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject B.E. Blank & Company to any registration or other requirement within such jurisdiction or country.
Transmissions to and from the Website
Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the domain name or made via this Website may not be secure. Communications to B.E. Blank & Company, particularly those containing confidential information, should be sent by mail to:
B.E. Blank & Company
777 S. Flagler Drive, Suite 800 West
West Palm Beach, FL 33401
B.E. Blank & Company will be free to use, for any purpose, without compensation due or payable to you, any ideas, concepts, know-how or techniques provided by a Website user to B.E. Blank & Company through the Website.
Termination
These terms are effective until terminated by B.E. Blank & Company, provided that you may terminate these terms at any time only by destroying all information and materials obtained by you or on your behalf from the Website and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Such termination by you will not be effective if B.E. Blank & Company, in its sole discretion and without notice to you or otherwise, determines that you have failed to comply with any term or provision of these terms. Upon any termination of these terms, you must destroy all information and materials obtained by you or on your behalf from the Website and all copies and installations thereof, whether made under the terms of these terms or otherwise.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, B.E. BLANK & COMPANY EXPRESSLY DISCLAIM ANY AND ALL LIABILITY WHATSOEVER FOR ERRORS AND OMISSIONS IN ANY INFORMATION OR MATERIALS, AND FOR ANY USE OR INTERPRETATION BY OTHERS OF ANY INFORMATION OR MATERIALS, CONTAINED IN OR ACCESSIBLE THROUGH THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL B.E. BLANK & COMPANY BE LIABLE IN ANY RESPECT WHATSOEVER FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE INFORMATION AND MATERIALS IN OR ACCESSIBLE THROUGH THE WEBSITE, EVEN IF B.E. BLANK & COMPANY OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, IN NO EVENT WILL THE TOTAL LIABILITY (IF ANY) OF B.E. BLANK & COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
Links to Other Websites and Services
B.E. Blank & Company does not review or monitor any Websites linked from or to the Website and none of them is or will be responsible for the content of any such linked Websites. Following links from or to such Websites is at your sole risk. Accordingly, neither B.E. Blank & Company nor any of its affiliates can be held responsible for the information, materials, products or services obtained on or from such other Websites, nor will any of them be liable in any respect whatsoever for any damages arising from your access to such Websites. Any links from or to other Websites are provided merely for the convenience of the users of the Website and the inclusion of these links does not imply an endorsement, representation or warranty by B.E. Blank & Company with respect to any such linked Websites or the content, products or services contained or accessible through, or the operators of, such Websites. In addition, you agree not to link any of your Websites or any third-party Website to the Website without the express prior written consent of B.E. Blank & Company. B.E. Blank & Company reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a Website from or to the Website.
Waiver
No waiver by B.E. Blank & Company of any right under or term or provision of these terms and conditions will be deemed a waiver of any other right, term or provision of these terms and conditions at that time or a waiver of that or any other right, term or provision of these terms and conditions at any other time.
Governing Law and Consent to Jurisdiction
THESE TERMS AND CONDITIONS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE WILL BE COMMENCED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN PALM BEACH COUNTY, FLORIDA AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.
Other
If any provision of these terms will be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. The preceding terms and conditions represent the entire agreement between B.E. Blank & Company, on the one hand, and you, on the other, relating to the subject matter hereof.