Last Updated January 9, 2021
Concrete Rose Capital Management, LLC and its affiliates (the “Company”, “we”, “us” or “our”) uses this Privacy Notice to describe how we may collect, use, share and otherwise process Personal Information we collect through our website at https://www.concreterosecapital.com/ and other websites at which this policy is posted (the “Sites”), as well as information that we may collect about you (“you” or “your”) via other means, as described below.
If you are an investor in a fund or the holder of an account managed directly or indirectly by us (or, in either case, their representative), please refer to the Investor Privacy Notice (as provided to you) for further information about how the Company collects and processes Personal Information about its current, prospective and former investors.
I. Personal Information We Collect
“Personal Information” is any kind of information that allows us to identify you or your household, directly or indirectly, such as your name, contact details, or address. We may collect and process the following Personal Information about you:
- Identifiers, such as your name, address, email address and telephone numbers;
- Professional or employment information, such as your current job title and place of work, employment history, employment skills, and employment preferences including job location;
- Race, ethnicity, sexual orientation, and other demographic information;
- Social media account information;
- Internet or other electronic network activity information, such as your internet protocol (IP) address, login data, unique device identifiers, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, mobile device carrier and other technology on the devices you use to access the Sites; as well as usage information, such as information about how you use the Sites; and
- Marketing and communications information, such as your preferences in receiving marketing communications from us.
We may also collect, use and share aggregated information such as statistical or demographic data for any purpose. This information could be derived from your Personal Information but will not directly or indirectly reveal your identity. For example, we may aggregate your usage information to calculate the percentage of users accessing a specific Site feature. However, if we combine or connect information with your Personal Information so that it can directly or indirectly identify you, we treat the combined information as Personal Information which will be used in accordance with this Privacy Notice.
II. How We Collect Your Personal Information
We collect Personal Information from you via the following:
A. Personal Information You Provide To Us
- Forms (which are completed by you or your authorized representatives on your behalf) on the Sites or otherwise, including but not limited to the form to join our Concrete Rose Talent Network; and
- Your correspondence and interactions with us, including by letter, email and telephone.
B. Personal Information Collected From Third Parties and Service Providers
We may collect Personal Information about you from third parties and service providers, such as business partners, vendors, or from publicly available sources. The conditions under which we may obtain such information are governed by the third party source.
C. Personal Information Collected From Our Portfolio Companies and Other Sources
In connection with the provision of management and advisory services or otherwise, we may collect Personal Information about directors, executives and other employees of the companies that we manage and/or in which we (or any funds that we directly or indirectly manage or advise) invest or are considering investing (“Portfolio Companies”).
In addition to the Personal Information described in section I above, the Personal Information we collect about such individuals (“Portco Personal Information”) may include work contact details (including telephone numbers and email addresses), details of disciplinary actions or complaints, data relating to salary and other remunerations and benefits, age and photographs (where provided to us as part of investment marketing materials, or otherwise made publically available). Portco Personal Information may also include Personal Information of a sensitive nature, such as details of physical or mental health or condition, religious or other similar beliefs, sexual like or political information that we may collect and process to the extent permitted by law and for the specific purposes set forth below.
In some cases we collect Portco Personal Information directly from you, for example when we are conducting diligence into a potential investment, we may ask you to provide certain information to us. Similarly, we may be provided with this information from other third parties, connected to you, including from you employer, your legal advisors, your employer’s legal advisers, your referees, and any related fundraisers, placement agents and capital introduction services.
In other cases we may collect Portco Personal Information from research conducted by third parties in connection with potential investments (such as broker research), as well as subscription services and freely available news sources. Where you have been involved with or referenced in any regulatory filings, we may collect Portco Personal Information about you published in such filings. We may also conduct internet searches about you when conducting diligence on investments or providing management and advisory services – this may involve us collecting Personal Information about you that you have published on professional social networks, such as LinkedIn.
D. Information Collected Automatically
We may automatically collect certain information about the devices you use to access the Sites, as well as information on how you interact with the Sites, through cookies, web server logs, and other similar tracking technologies. This information may include the IP address used to connect your computer to the Internet; computer and connection information such as your browser type and version; operating system and platform; confirmation when you open email that we send you; and the URLs which lead you to and around the Sites including the date and time of access.
1. Cookies and Other Data Collection Technologies
“Cookies” are a feature of web browser software that allows web servers to recognize the computer used to access a website. They are small text files that are stored by a user’s web browser on the user’s hard drive. Cookies can remember what information a user accesses on one website to simplify subsequent interactions with that site by the same user or to use the information to streamline the user’s transactions on related websites. Some cookies last only for the duration of your web session and expire when you close your browser. Other cookies last longer and are used to recognize your computer when you return to the Sites. Cookies are designed to make your online experience easier and more personalized.
Web server logs are files that store the activity on a certain website.
Most web browsers automatically accept cookies. You can change your browser settings to notify you of the cookies being set or updated, and to block cookies. Please note that if you have turned off all cookies, some features of the Sites may not be available to you or otherwise function as intended. To learn more about how to manage cookies on different types of browsers, you can visit the website www.allaboutcookies.org.
A web beacon is a web page element (such as a clear gif, pixel tag or single-pixel gif) that may be embedded into our Sites or email messages, newsletters, and other electronic communication. They help us to determine whether a message has been opened and to analyze and personalize our interactions with you. Instructions on how to unsubscribe are included in each email.
We may use third-party web analytics services (such as those of Google Analytics) and other technologies on our Sites to collect and analyze usage information through cookies and similar tools; engage in activities such as auditing, research, or reporting; and provide certain features to You. To prevent Google Analytics from using Your information for analytics, You may install the Google Analytics Opt-out Browser Add-on by clicking here.
2. “Do Not Track” Browser Settings
We do not currently use technology that recognizes “do not track” signals from your web browser.
III. How We Use Your Personal Information
We will use your Personal Information in accordance with applicable laws. The Personal Information we collect about you may be used in one of the following ways:
- To improve our Sites, our social media, and services, and your experience with our Sites, our social media and services;
- To identify potential employment opportunities of interest to you offered by our Portfolio Companies;
- To identify you as a potential candidate for employment to our Portfolio Companies;
- To further develop, customize and improve our Sites, our social media accounts, and your user experience, based on personal or general experiences and difficulties;
- For our everyday business purposes – such as to communicate with you, manage records, respond to court orders and legal investigations, and administer and provide services to you;
- As necessary or appropriate to protect the rights, property or safety of us, our clients or others;
- To help maintain the safety, security, and integrity of our Sites, products and services, databases and other technology assets, and business;
- To contact and communicate with you (via email, or any other available channels) to respond to questions or inquiries delivered to us, including when you communicate with our investor relations department;
- To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity; and
- To comply with any applicable laws and/or regulations (such as to comply with valid legal processes such as a search warrant, subpoena, or court order).
- Where the processing is necessary for us to enter into or to perform a contract with you, or to take steps at your request prior to entering into a contract – for example, to provide information you have requested or to respond to your questions;
- Where necessary for the purposes of the Company’s legitimate interests, including to operate and facilitate our business and services, communicate with you, undertake business management, planning, statistical analysis, market research and marketing activities, administer and maintain the Company’s core records, protect the Company’s rights and interests, ensure the security of the Company’s assets, systems and networks, prevent, detect and investigate fraud, unlawful or criminal activities in relation to our services, and enforce our terms and conditions;
- Where required by applicable laws and regulations, including laws relating to know-your-client requirements, tax, the prevention of money laundering, fraud, terrorist financing and sanctions; and
- Where the processing is necessary for the establishment, exercise or defense of legal claims.
In some circumstances, we may also process your Personal Information where we have received your consent. For example, depending where you are located, in order to send you marketing materials or to place cookies or similar tracking technologies on your devices.
In addition to the bases discussed above, we may process the Portco Personal Information in order to provide management and advisory services to our Portfolio Companies and for other purposes, which also include: conducting research and due diligence into potential investment targets; preparing reports on investment targets; reviewing, monitoring and managing our investment portfolio; business management and planning; administration and maintenance of our core records.
IV. How We Protect Your Personal Information
We are committed to maintaining the confidentiality, integrity and security of your Personal Information and take precautions to protect such information. These precautions include the adoption of certain physical, electronic, and procedural safeguards designed to maintain and secure your Personal Information from inappropriate disclosure in accordance with applicable laws and regulations.
We may disclose Personal Information to our service providers (including financial, technical, marketing and professional service providers and consultants) and financial institutions that provide services to the Company. We require such third party service providers and financial institutions to protect the confidentiality of your Personal Information.
V. When We Disclose Your Personal Information
We do not sell Personal Information obtained about you to any third parties, and have not done so in the twelve (12) months preceding the effective date of this policy.
We do not disclose any Personal Information to anyone other than our affiliates, service providers and relevant counterparties without your consent, or as required by applicable law or regulation. This means that we may disclose your Personal Information to other third parties, including:
- Any governmental agency, regulatory authority or self-regulatory organization having jurisdiction over the Company [or its affiliates], if (i) the Company determines that such disclosure is necessary or advisable pursuant to or in connection with any U.S. federal, state or local, or non-U.S., law, rule, regulation, executive order or policy, including without limitation any anti-money laundering law and the USA PATRIOT Act and (ii) such disclosure is not otherwise prohibited by law, rule, regulation, executive order or policy;
- Persons acting in a fiduciary or representative capacity on behalf of an investor, such as an IRA custodian or Trustee of a grantor trust; and
- Certain other persons to the extent authorized by you.
We do not disclose Personal Information except as may be required or permitted by law, rule or regulation. We may disclose for a business purpose, and have disclosed in the preceding twelve (12) months, Personal Information, including contact information, employment information, identification information, background information and financial information to third parties, as listed above.
We may aggregate survey responses for publication. However, this will not include any non-public Personal Information or any information identifiable to a particular Sites user.
If Company sells all or part of its business or makes a sale or transfer of assets or is otherwise involved in a merger, restructuring or business transfer, you agree that Company may transfer Your Personal Information to a third party as part of that due diligence and transaction process.
VI. Third Party Websites and Services
The Sites may contain links to or may be implemented using third party websites, products and services. These third party websites and services have separate and independent privacy policies, which we encourage you to read. We have no responsibility or liability for the content and activities of such linked sites except for limited instances where a portion of our Sites is implemented using a third party service. For example, our Concrete Rose Talent Network form is implemented using Google Forms, provided by Google LLC, and we do not have control over Google LLC’s data privacy practices. However, we want to protect the integrity of our Sites and thus welcome any feedback you may have about third-party sites we link to.
VII. Children’s Privacy
The Sites are not directed toward children under the age of 18. We do not promote our products or services online to minors, and we do not intentionally collect any personally identifiable information from any person under 18. If we become aware of having collected Personal Information from children under the age of 18 without valid consent from their respective parents or guardians, we will delete is as soon as practicable.
VIII. Changes to Your Personal Information
You are not required to supply any of the Personal Information that we may request, except where such information is necessary for the performance of (or to enter into) a contract with you or is otherwise required by applicable law. However, failure to do so may result in our being unable to accept your business or provide services to you. We will make reasonable efforts to ensure that all information that we hold about you is accurate, complete and up to date. You can help in this regard by promptly notifying us at the address listed below if there are any changes to your Personal Information.
IX. Changes to this Privacy Notice
We may update this Privacy Notice periodically, without prior notice, so please review it frequently. If we decide to change our Privacy Notice, we will post those changes on the Sites so that you are aware of what kinds of Personal Information we collect, use, share and otherwise process. If we make material changes to this Privacy Notice, we will update the effective date above, and provide you with notice as required by applicable law.
X. Data Subject Rights
We are committed to providing individuals with reasonable and appropriate access to their Personal Information. If you are a resident of California, you may have certain data subject rights under the California Consumer Protection Act (“CCPA”).
A. Right to Know
You may have the right to know how we have collected, used and shared your Personal Information over the last twelve months. You may have the right to know:
- The categories of Personal Information we have collected about you;
- The categories of sources from which we have collected your Personal Information;
- The business or commercial purpose for which we collect or disclose your Personal Information;
- The categories of third parties with whom we share your Personal Information;
- The categories of Personal Information that we disclosed for a business purpose and the categories of third parties to whom your Personal Information was disclosed for a business purpose;
- The categories of Personal Information we have disclosed to third parties and the categories of third parties to whom we have disclosed your personal information; and
- The specific pieces of personal information we have collected about you over the last twelve months.
B. Right to Deletion
You may have the right to request that we delete your Personal Information that we have collected or received, subject to certain exceptions.
C. Right to Opt-Out of Sales of your Personal Information
If we were to “sell” your personal information for purposes of the CCPA, you would have the right to opt-out of the sale of your personal information. We do not sell your personal information for purposes of the CCPA.
D. California Shine the Light
In addition to the rights already described, California’s Shine the Light law permits California residents to request certain details about how their information is shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business must either provide this information or permit California customers to opt in to, or opt out of, this type of sharing.
If you wish to exercise any of these rights please email firstname.lastname@example.org. The rights described herein are not absolute and we reserve all of our rights available to us at law in this regard. Additionally, if we retain your Personal Information only in de-identified form, we will not attempt to re-identify your data in response to a Data Subject Rights request.
The CCPA prohibits covered businesses from discriminating against you for exercising applicable CCPA rights.
If you make a request related to Personal Information about you, we will need to verify your identity. To do so, we will request that you match specific pieces of information you have provided us previously, as well as, in some instances, provide a signed declaration under penalty of perjury that you are the individual whose Personal Information is the subject of the request. If it is necessary to collect additional information from you, we will use the information only for verification purposes and will delete it as soon as practicable after complying with the request. For requests related to particularly sensitive information, we may require additional proof of identification. If you make a request through an authorized agent, we will require written proof that the agent is authorized to act on your behalf. We will process your request within the time provided by applicable law
XI. Contact Us
If you have any questions or concerns about this Privacy Notice, please contact us at:
Concrete Rose Capital Management, LLC
PO Box 7232
Menlo Park, CA 94026