Terms of Use and Privacy Policy

General

Please read the following terms and conditions (“Terms of Use”) which govern your use of this website (the “Site”) of Cove Funding and/or its affiliates (“Cove Funding”). By using the Site, you knowingly and willingly agree to be bound by these Terms of Use, which may be updated from time to time and posted on this Terms of Use page. The information provided herein is for general information purposes only. Any views or opinions presented are solely those of the author/speaker, as applicable, and do not necessarily represent those of Cove Funding.

Purpose; No Advice

This Site is intended to provide an overview of Cove Funding and is for general information purposes only. The Site is not intended to provide investment, accounting, tax, legal, or any other advice, nor shall any content on this Site be deemed a recommendation that you pursue any investment style or strategy. You should consult with your own professional advisors regarding your individual circumstances and needs before pursuing any investment.

No Offer

Nothing on this Site is intended to constitute an offer to sell or a solicitation of any offer to any securities or other assets, nor should it or any part of it be relied upon in connection with any offer or sale of securities or other assets. Any such offer or solicitation can and will be made only by means of a complete offering memorandum and related subscription materials which contain significant additional information about the terms of an investment, only in jurisdictions in which such an offer would be lawful, and only to individuals who meet the investor sophistication criteria that are determined from time to time by Cove Funding.

Other Disclaimers

This Site and the information contained herein are provided “as is” and Cove Funding and its affiliates expressly disclaim all express or implied warranties and representations with respect to the fitness of information contained herein for any particular usage, its merchantability, or its application or purpose.

Certain links, including links to other websites that may be maintained or controlled by Cove Funding, are provided on this Site in various sections. These links are provided as a convenience and do not imply Cove Funding’s sponsorship or approval of any third-party websites or their content. Although certain websites may be maintained or controlled by Cove Funding, the Firm has no control over or responsibility for other websites that may be accessible from this Site, the contents thereof, their security or privacy policies, or any products/services that may be offered by them. If you access any third-party website through sections of the Site or because it is referred to in various sections of the Site, you do so at your own risk. Links to or from Site do not constitute an endorsement by Cove Funding or the parties or businesses which are so linked, nor do they necessarily indicate any affiliation between the Firm and such parties or businesses.

You acknowledge that by using the Site you may be subject to privacy and security exploitations, including without limitation, the ability of unauthorized persons to intercept or access information transmitted by you through the Site.

Intellectual Property

Except as otherwise noted, all content and materials on the Site are the property of Cove Funding and should not be used, modified or reproduced without Cove Funding’s written consent. Cove Funding, and the proprietary logos and marks included on the Site that identify Cove Funding services and products are registered trademarks in the United States and other countries and may not be used without the prior written consent of Cove Funding.

Additional Provision for European Users

If you are domiciled in or have a registered office in a member state of the European Economic Area (“EEA”) that has implemented the Alternative Investment Fund Managers Directive (Directive 2011/61/EU) in a manner that may impose disclosure, reporting or other obligations on Cove Funding or its affiliates, you expressly agree and acknowledge that you or any other person or entity you represent initiated the discussion, correspondence or other communications with Cove Funding or its affiliates or agents, and any information you received regarding any investment funds managed by Cove Funding was pursuant to your request; and none of Cove Funding or its affiliates or agents at any time directly or indirectly contacted you with respect to the provision of investment services or investment in any investment fund managed by Cove Funding or its affiliates prior to such unsolicited initiation of discussions, correspondence or other communications.

Changes to the Terms of Use

Cove Funding may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Limitation of Liability

Under no circumstances will Cove Funding be liable for any damages or losses (including direct, indirect, incidental, consequential, special, punitive, or exemplary damages, lost revenues, lost profits, loss of business, loss of data, or any other damages or losses) arising out of or in connection with these Terms of Use or your use of any content. The foregoing does not affect any other liability that cannot be excluded or limited under applicable law.

PRIVACY POLICY
Financial institutions like Cove Funding LP and our affiliates and subsidiaries (collectively “Cove Funding,” “we,” or “us”) may be required to provide privacy policy notices when we hold personal information relating to individuals, as defined below (“Personal Information”). We believe that protecting the privacy of Personal Information is of the utmost importance. It is our policy to safeguard the privacy, confidentiality, and security of Personal Information and to comply with the applicable data protection laws, including SEC Regulation S-P and state regulations pertaining to Personal Information. It is also our policy to process Personal Information in accordance with the General Data Protection Regulation 2016/679 (the “GDPR”) where applicable. We process Personal Information lawfully, fairly, and in a transparent manner in relation to you and ensure that the Personal Information that we process is relevant, accurate, and limited to what is necessary in relation to the purposes for which it is processed and that Personal Information is kept confidential. We have in place appropriate technical and organizational measures to ensure security of Personal Information, including protections against unauthorized access, use, disclosure, acquisition, destruction or alteration, misuse, damage or accidental loss.

In compliance with applicable laws, this notice is to provide you with information about Personal Information we process, the rights you can exercise with regard to Personal Information we process, the periods for which Personal Information will be stored, and the persons and entities with which we may share Personal Information.

Personal Information is information about you that makes you personally identifiable. This includes, without limitation, your name, contact information such as your address, e-mail address and phone number, date and place of birth, gender, country, as well as your social security number, assets, income, investment experience or any other identifying information you may send us in your interactions with us. We may also collect business information such as your job function and title, department, organization name and location.

We may collect Personal Information about you from the following sources:

information we receive from you on subscription documents and related forms;
information you provide to us in general correspondence with us;
information you provide to us as part of any onboarding or due diligence process;
information we receive when you make transactions with us or our affiliates (for example, account activity and balances);
publicly available information;
information we receive from third parties; and
information we receive when you provide your contact details via our website.

We may use your Personal Information, or disclose your Personal Information to third parties to effect transactions for you, for one or more of the following purposes and on the following legal grounds:

to perform services or to take steps at your request prior to entering into a contract with you, such as to provide requested information about our services, to facilitate the opening of your account with us, and for the management and administration of your holdings on an on-going basis to the extent that doing so is necessary, including, without limitation, the processing of redemptions, conversions, transfers, additional subscription requests, the payment of distributions and to keep you updated in relation to your investments;
to carry out anti-money laundering checks and related actions which we consider appropriate to meet any legal, regulatory or judicial obligations imposed on us or in relation to the processing of data in the public interest or in pursuit of our legitimate interests in relation to the prevention of fraud, money laundering, terrorist financing, bribery, corruption, tax evasion and to prevent the provision of financial and other services to persons who may be subject to economic or trade sanctions, on an on-going basis, in accordance with our and (if applicable) Third Parties' (as defined below) anti-money laundering procedures;
to report tax-related information to tax authorities in order to comply with any legal, regulatory or judicial obligations;
to engage in, monitor and record telephone calls and electronic communications for our legitimate interest of: (i) processing and verification of instructions; (ii) investigation and fraud prevention purposes; (iii) crime detection, prevention, investigation and prosecution; (iv) enforcing or defending us and our affiliates, ourselves or through Third Parties to whom we may delegate such responsibilities or rights in order to comply with any legal, regulatory or judicial obligation imposed on us; or (v) where the processing is in the public interest;
to disclose information to Third Parties (as defined below) and parties such as other service providers to us, regulatory authorities and technology providers in order to pursue our legitimate interest to comply with any legal or regulatory obligation, court order or judicial request imposed on us;
to engage in, monitor and record telephone calls for quality, business analysis, training and related purposes in order to pursue our legitimate interests to improve service delivery;
to pursue our legitimate interest of improving our services to you, providing you with investment services and information relating to investment services, making our procedures more efficient, or implementing security measures;
to update and maintain records and fee calculations to meet legal, regulatory or judicial obligations and to retain anti-money laundering and other records.

We do not disclose any Personal Information we collect, as described above, about our current or former investors to anyone other than to administrators, custodians, banks and service providers (including but not limited to our IT service providers, email archivists and CRM system providers) in connection with the administration, processing and servicing of customer accounts or to our accountants, attorneys and auditors (all such persons, collectively, “Third Parties”), or otherwise as required by law. We may also disclose personal information with non-affiliated entities and regulatory authorities as permitted by applicable law. For example, we may disclose such information to cooperate with, including but not limited to, regulatory authorities and law enforcement agencies as necessary to protect our rights and property.

If you are not a customer of ours, we may collect Personal Information about you on the following occasions:
when you use our services;
when you register to attend an event;
when you apply for a job with us;
when you propose an investment to us;
when we retain you as a service provider or you solicit us to do so; or
when you otherwise communicate with us or contact us via our website.

In this case, we will process your Personal Information for one or more of the following purposes and on the following legal grounds:

to provide information you request about us and our services; as is necessary to take steps at your request prior to entering into a contract with you;
to evaluate investments or services you propose to provide to us and to communicate with you regarding such investments or services; as is necessary to take steps at your request prior to entering into a contract with you;
to provide communications (such as publications, educational materials) to you relating to products and services you are interested in;
to provide information about our events and conferences, as is necessary for our legitimate interest of providing a service you have requested and expect to receive from us;
to secure and optimize our website experience;
for our recruitment and employment processes; the Personal Information we process about you in this case may also include your experience, education, diplomas, job skills and other information contained in your curriculum vitae and your cover letter. Processing in this case is necessary for the performance of a contract to which you are a party or to take steps at your request prior to entering into a contract with you.

We may disclose your Personal Information to third parties, such as service providers, business sponsors and partners, when and to the extent necessary for the purposes above. Any such third party will not be allowed to further disclose your Personal Information, save where otherwise required or authorized by law.

Irrespective of whether you are or not an investor, we restrict access to Personal Information we collect about you to our personnel who need to know that information for the purposes above and who are subject to appropriate confidentiality obligations, or who are bound to confidentiality by statutory obligations.

You have the right to receive confirmation from us of whether or not we are processing your Personal Information and, if so, to obtain a copy of that Personal Information, as provided for by applicable law. You also have the right to obtain the rectification of inaccurate Personal Information without undue delay.

Your Personal Information will be retained for the time necessary in relation to the purpose(s) for which such information is processed. For example, we may retain limited amounts of your Personal Information to ensure compliance with a legal obligation to which we are subject or to market specific products and services. If you are an investor, your Personal Information will be processed for as long as you remain an investor with us, and when you are no longer an investor, we will continue to process your Personal Information which has a minimal privacy impact for the time which is necessary in relation to the purpose(s) for which such information is processed.

Depending on the legal regime applicable to you, you may also have specific additional rights regarding your Personal Information. Please contact our team if you wish to exercise any of the following rights:

Right to erasure: if at any time you decide you do not want us to retain any of your Personal Information, you may request we delete it. We will comply with your request subject to applicable laws and without undue delay.
Right to restriction of processing: you have the right to restrict how we process your data, in accordance with applicable laws.
Right to object: you have the right to object to our use of your Personal Information. We will consider your objection and we will comply with it unless we have a compelling legitimate ground to refuse, as provided for by applicable law.
Right to rectification: you have the right to obtain without undue delay rectification of inaccurate Personal Information concerning you.
Right to data portability: in certain circumstances, you have the right to ask us to transmit your personal data directly to another controller under specific circumstances, as provided for by applicable law.

You also have the right to lodge a complaint with our team or a supervisory authority if you believe our processing of Personal Information infringes applicable data protection laws.

We have mechanisms and procedures designed to ensure that, in case of a data breach (i.e., the unauthorized access, use, disclosure, acquisition, destruction or alteration, misuse, damage or accidental loss of Personal Information):

we follow robust breach detection, investigation, and internal reporting procedures;
where required by law, we notify the relevant supervisory authority of a data breach in accordance with the timing and modalities envisaged in applicable law;
where required by law, we inform you of any data breach in accordance with the timing and modalities envisaged in applicable law; and
we keep records of any data breaches.

Should any changes be made to our privacy notice, for example, because we begin processing data for a new purpose, a new privacy notice, specifically devoted to the change(s), will be delivered.

For any questions, requests or complaints concerning your Personal Information, including for any requests relating to your rights as discussed above, you can contact our team at info@CoveFunding.com.