Privacy Notice

Last Updated : June 30, 2019

Assembled Brands respects the privacy of your personal information. This Privacy Notice (“Privacy Notice”) applies to information collected through the Assembled Brands website, located at www.assembledbrands.com (which we refer to in this Privacy Notice as the “Site,” which also refers to any content, functionality, and services offered on or through the Site). This Privacy Notice has been put in place so that you can better understand what information we collect through the Site, how we use it, and when and with whom we may share it.

When we refer to “you” and “your” in this Privacy Notice, we are referring to you as a visitor to and user of of the Site. “Assembled Brands,” “we,” “us,” and “our” refer to Assembled Brands Capital, LLC, Assembled Brands Capital Funding, LLC and our affiliates.

PLEASE READ THIS PRIVACY NOTICE COMPLETELY AND CAREFULLY BEFORE USING THE SITE OR SUBMITTING ANY INFORMATION, PARTICULARLY PERSONAL INFORMATION, THROUGH THE SITE. BY USING THE SITE, YOU ARE AGREEING TO THIS PRIVACY NOTICE.

1. APPLICABILITY OF THIS PRIVACY NOTICE

This Privacy Notice applies only to information provided and collected through the Site. It does not apply to information that we or others may collect through other means, such as information we may learn through a business or employment relationship with you, or information you may provide to us through any other website we own or operate.

This Privacy Notice also does not apply to information that you submit through other websites, even if we communicate with you on those sites, or provide a link to those sites. For example, if you connect to our Twitter, Instagram, or LinkedIn pages through the Site, any information you submit to us a comment or message through those pages will be governed by the privacy policy applicable to the applicable site.

Because of changes in Internet technology and practices, this Privacy Notice may change from time to time. It is our practice to post any changes we make to this Privacy Notice on this page, and any changes will be effective once the new notice is posted. It is your responsibility to check this Privacy Notice for updates. You will be able to determine when this Privacy Notice was last updated by referring to the “Last Modified” legend at the bottom. By using the Site after we post any changes to this Privacy Notice, you agree to accept those changes, whether or not you have reviewed them.

2. HOW WE COLLECT AND USE YOUR PERSONAL INFORMATION

Personal information refers to any information that identifies or can be used to identify a particular person. Different states (and countries) define personal information (and similar terms, such as personal data, personally identifiable information, and PII) to include different things, but it generally includes information such as your name, address, email address, and phone number. It may also include your computer or mobile device IP address, if that IP address can be linked to a specific person.

You are in control of whether you provide us with any personal information. If you do not wish to provide particular information, you should not use the Site or provide your information. That will affect our ability to do business with you; however, that is your choice.

If you choose to provide it, we may obtain personal information from you in the following ways:

Inquiry Features: If you use the Site to inquire about joining our community, using the “Get Started” (or any similar Site feature we may implement from time to time), we will be provided with your contact information and other information that you submit about you and your company. We will use this information to evaluate the potential business opportunity and to respond to your inquiry.

Newsletter Sign-Up: If you sign up to receive our newsletter, we will use the contact information you provide to send you our newsletters and other promotional materials. You will always have the option of opting out of receiving these types of marketing materials in the future.

Other Information: If you participate in any other interactive area of our Site that we may offer from time to time, we will collect any personal information that you include as a part of your participation.

We may also use the personal information we collect through the Site to help us customize your user experience, to increase the convenience of accessing tools and features of the Site, and to provide you with information regarding our services, and other related products and services, including those we may offer in the future.

We keep the personal information we collect for as long as we continue to have a business need to do so (which will be at least as long as you continue to have a prospective or ongoing client relationship with us), unless a longer period is required by law. Business needs include legal, tax, accounting, risk management, and other business purposes.

3. HOW AND WHY WE SHARE PERSONAL INFORMATION

We share personal information with third parties in the following circumstances:

We will provide personal information to our service providers who need to use that information to conduct business on our behalf. For example, our service providers may assist us with operation of the Site, may store our documentation, or may handle data management. We provide these service providers only with the information they need to perform their services, and work with them to respect and protect your privacy.

We may share your personal information with our company affiliates and business partners for our and their legitimate business purposes, including so that we or they may provide you with periodic mailings regarding products and services. If you do not wish for us to share your information in this manner, please let us know by contacting us at hello@assembledbrands.com.

We may share personal information with data analytics platforms, such as Google Analytics, to compile statistics and perform analyses intended to understand our client base and to improve our Site performance.

We will release information, including personal information, if we believe that doing so is appropriate to (a) comply with law, regulations, legal process or governmental request, (b) enforce any policies applicable to the Site, including potential violations, (c) detect, prevent or otherwise address fraud, security or technical issues, or (d) otherwise protect the rights, property or personal safety of us, our employees, Site users, or others.

We may share information, including personal information, in connection with, during negotiations of, or as a part of the closing of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company in which personal information about the users of the Site is among the assets transferred.

We may also share personal information that has been de-identified or anonymized, such as demographic information or aggregate information, with our advertisers and marketing partners for business purposes, such as the development of marketing campaigns. And, we may share personal information that has been encrypted with our third party media partners, to track performance of our marketing efforts and to provide you with relevant content across the web, such as banner ads including products or services you may have shown an interest in.

We do not sell, rent, or lease any personal information that we collect about you through the Site to anyone for any purpose, other than as disclosed, unless you have given us your separate express permission to do so.

4. HOW WE COLLECT AND USE NON-PERSONALLY IDENTIFIABLE INFORMATION

Non-personally identifiable information, also called NPII, refers to information that is not and cannot be used, by itself, to identify a specific individual. When you use the Site, we may automatically collect standard internet and website log information, and details of patterns about how our Site users behave. This information may include your internet service provider name, your operating system, your browser type and browser language, and your access times. More information about the technology we use to automatically collect information is provided below under the heading “Cookies and Other Tracking Technology.”

All of the NPII we collect may be used to understand our prospective and ongoing client base, to gather broad demographic data for aggregate use, to conduct market research, to analyze trends, to develop products and services, and to provide those products and services to others.

If we associate any NPII with the personal information you provide us, we will treat the associated information as personal information, in accordance with this Privacy Notice.

5. COOKIES AND OTHER TRACKING TECHNOLOGY

Cookies are small amounts of data that are stored on your browser, device, or the page you are viewing when you visit a website. Some cookies are deleted once you close your browser or application (session cookies), while other cookies are retained even after you exit so that you can be recognized when you return (persistent cookies). Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

When you view or use the Site, we might use cookies to store information on your computer, both as persistent and session cookies. We use these to help us recognize you as you use or return to the Site, so that we can provide a more personalized experience.

Most web browsers automatically accept cookies and other tracking technologies, but you can usually change your settings to prevent that, such as by having your device warn you each time a cookie is being sent or choosing to turn off all cookies. This can be done through your web browser settings, and because each browser is different, you should look at your browser’s “Help” menu to learn how to modify your cookie settings. If you do disable cookies from your browser you may not be able to access certain features of the Site, and this may make your use of the Site less efficient.

Our Site uses analytics tools such as Google Analytics, to collect information about how our Site is used, such as how much traffic the Site receives and what pages people visit. In addition, some content on our Site may from time to time be served by third parties, including advertisers, content providers, and application providers. In connection with these tools and content, third parties may use cookies, alone or with web beacons or other tracking technology, to collect information about you when you use the Site for their own purposes, independent from us. These third parties may be able to associate the information they collect with your personal information, or they may collect information, including personal information, about your online activities over time and across other website and online services. They may use this information to provide you with behavioral advertising or other targeted content on other websites and through other media. We cannot control any third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Currently, certain browsers, including Firefox, Google Chrome, Safari and Internet Explorer, offer a “do not track” (DNT) option. This option, using a technology known as a DNT header, sends a signal to websites visited by the user about the user’s DNT preference, if any, set on the browser. While we do try to honor DNT requests, we do not currently commit to responding to browsers’ DNT signals. We cannot make this commitment because no common industry standard for DNT has been adopted by industry groups, technology companies, or regulators.

6. OUR SECURITY MEASURES

We use a variety of industry-standard security measures to maintain the safety of your personal information, including measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, no electronic data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we believe that we use reasonable measures to protect personal information, we cannot ensure or warrant the security of any information transmitted or otherwise provided to us or received from us.

7. YOUR RIGHTS REGARDING YOUR INFORMATION

Opting Out of Certain Communications. You can always opt out of receiving promotional communications from us by contacting us at us at hello@assembledbrands.com. Please note that notwithstanding your email preferences, we may need to contact you regarding our potential or ongoing business relationship, as required by law, or regarding legal matters. However, we will not send you marketing communications after you have opted out of receiving them.

Correcting and Updating Information. If you believe that any of the personal information we have about you is incorrect, you can contact us at any time at hello@assembledbrands.com to request that we make the appropriate corrections.

Removal of Information. As noted above, we have standard retention practices with respect to the personal data we collect. If you would like to request any earlier removal of your personal information, please contact us at hello@assembledbrands.com. Please note that we may not be able to completely remove personal information from the Site or our systems in certain circumstances. This will be true if the data is not in a searchable format, if it is retained in backup systems, if we need it in order to prevent fraud or future abuse, or if we are required by law to keep it.

California Residents. California law permits individuals to request certain details about our disclosure of their personal information to third parties for direct marketing purposes. If you are a California resident and you would like to make such a request, please contact us at hello@assembledbrands.com.

8. A SPECIAL NOTE ABOUT CHILDREN

Our Site is not directed to use by persons under the age of 13. We do not knowingly collect personal information from children under 13. If you believe your minor child has improperly accessed the site and provided any personal information, please contact us at hello@assembledbrands.com.

9. VISITING OUR WEBSITE FROM OUTSIDE THE UNITED STATES

Our Site is generally intended for a United States audience. If you are visiting our Site from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States, where our servers are located and our site is operated. We make no representation that the practices we describe are compliant with the laws of other jurisdictions, including laws that apply to the collection, use, disclosure, and security of personal information.

Terms Of Use

Last modified: June 30, 2019

Welcome to the Assembled Brands website, located at www.assembledbrands.com (which we refer to in these Terms of Use as the “Site”, which term also refers to any content, functionality and services offered on or through the Site). These terms are in place to govern your use of, and access to, the Site.

The Site is owned and operated by Assembled Brands Capital, LLC and Assembled Brands Capital Funding, LLC, who we refer to, together with our affiliates, as “us”, “we” or “our”. When we refer to “you” and “your” in this notice, we are referring to you as a visitor to and user of the Site.

In addition to these terms, your use of the Site is governed by any other policies posted on the Site, including our privacy policy, which is posted here [https://assembledbrands.com/privacy-notice], and which is incorporated by reference into these terms.

1. ACCEPTANCE OF TERMS

YOU SHOULD CAREFULLY READ THESE TERMS. By accessing, browsing, or using the Site, including by contacting us through the Site, you are creating a binding contract between you and us, and you acknowledge that you have read, understood, and agreed to be bound by these terms. If you do not agree to these terms or to any other policy posted on the Site, you should not access or otherwise use the Site.

We may make changes to the Site or these terms at any time. It is our practice to post any changes we make to these terms on this page, and any changes will be effective once the new terms are posted. It is your responsibility to check these terms for updates. You will be able to determine when these terms were last updated by referring to the “Last Modified” legend at the bottom. You understand and agree that your continued access to or use of the Site after any posted modification to these terms indicates your acceptance of the modification, even if you did not take the time to read the modification.

2. LINKS TO OTHER WEB SITES

We and others may provide links to web pages, web sites, and various resources or locations on the web (collectively, “third party sites”). For example, we also like to interact with you on third party sites where we post content or invite your feedback, such as through our accounts on Twitter, Instagram, and LinkedIn.

Links to third party sites are provided only for the convenience of users of the Site. We do not operate, control, endorse or guarantee any third party sites, and these terms and our other policies do not apply to any third party sites. When you access any third party sites through a link posted on the Site, it is your responsibility to read the terms and conditions of use, privacy policy and other policies of such third party site.

3. INTELLECTUAL PROPERTY

You agree that, as between you and us, we own or otherwise have all proprietary rights to all content included on the Site. We also own or otherwise have all proprietary rights to the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with the content and the Site, which are protected by applicable intellectual and proprietary rights and laws.

You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, any content without our prior express written consent. You are permitted to use view, print, or download any content from the Site solely for your own personal, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You have a limited, non-exclusive and non-transferable license to view, print, and download content from the Site solely for such limited permitted use. Any unauthorized use of the Site and the content immediately and automatically without further action terminates this license. Notwithstanding the foregoing, you may not download, republish, retransmit, reproduce, or use in any other way any image on the Site as a stand-alone file (i.e. separate from the article, text, caption, or other graphics used with the image in context on the Site).

The trademarks and logos, and all related names, logos, products and service names, designs and slogans used and displayed on the Site are trademarks of us, our affiliates, or third parties with whom we have a business relationship. You may not use such marks without our prior written permission. Further, you may not use any metatags, meta elements, "hidden text" or other equivalents using our or our tenants’ names without our or their, as applicable, prior written authorization.

You will not remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site.

4. INDEMNITY

You agree to indemnify and hold us, and our managers, officers, affiliates, volunteers, agents, employees, licensors and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post to, or transmit through the Site, your use of the Site, or your violation of these terms.

5. DISCLAIMER

YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:

WE ATTEMPT TO DISPLAY THE INFORMATION YOU VIEW ON THE SITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION, AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE SERVERS THAT MAKE THE SITE AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE SITE, ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. LIMITATIONS ON LIABILITY

WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE AND THE CONTENT OR ANY SERVICES OBTAINED ON OR THROUGH THE SITE, EVEN IF THERE IS NEGLIGENCE, IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES.

7. GOVERNING LAW, CHOICE OF FORUM, JURY AND CLASS ACTION WAIVER

Please read the following section carefully, because it limits the manner in which you can seek relief from us.

The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with the Site and/or these terms shall be brought solely in the State of New York. YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THE SITE OR THESE TERMS. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.

8. INJUNCTIVE RELIEF

In the event you breach or threaten breach of these terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.