This Policy together with the Terms of Service (the “Terms”) (collectively, the “Agreement”) constitutes a contract between you and TownCenter and governs your use of the Site and/or the Service and set forth the terms and conditions between you and TownCenter when you access or use the Site or in connection with the Service, including participation or browsing. If you breach any of the terms of the Agreement, your right to use the Site or right to use the Service will terminate immediately.
The Agreement does not apply to the practices of companies and third parties that TownCenter does not own or control or to individuals whom TownCenter does not employ or manage. TownCenter reserves the right to use and control the information collected on the Site. By using the Site, you acknowledge that you have read and understood the Agreement and consent to the practices described in the Agreement.
In the course of providing products and services, we need to collect and maintain certain nonpublic personally identifiable information about you. We may use this personal information about you to: (a) service and maintain your account, (b) to provide the Service, (c) facilitate communication between you and other users, (d) respond to inquiries from you or your representative, (e) develop, offer, and deliver products and services (f) to serve advertisements on the Site, (g) to enable our vendors and contractors to provide and assist us in the marketing, operation, troubleshooting and analysis of the Site and other services, (h) to analyze data to send more targeted messages to you or other users of our Site, (i) to conduct research and analyze data to improve our products, services, and the Site, (j) to deliver email messages like special offers, updates, newsletters, customer service, and service announcements, (k) to comply with and meet any regulatory requirements for the offer or sale of securities required by law, rules or regulations to our affiliates or members, (l) to protect the Site or its users, (m) to engage in any other lawful activities we believe are consistent with the foregoing; and (n) when required by law or to protect against legal liability. This personal information may include your name, email address, home address and phone number, date of birth, social security number and/or tax identification number, employer, and job title. When you subscribe to make an investment in one of the opportunities listed on the Site, you will again be asked for some of the same personal data as well as some additional data, such as your bank routing number and bank account number. This data is needed in order to enable ourselves or our broker-dealer partners to utilize your bank account to originate funds transfers and later to make investment disbursements to you.
We use reasonable efforts to secure access to personally identifiable information in our possession, but will not be liable for any failure to safeguard such information, whether inadvertent or otherwise.
Since we do not have direct control over the policies and practices of any third-party vendor or partner, we are not responsible for the privacy practices or contents of their sites.
We may make your information, including non-personally identifiable information or personally identifiable information, available on the Site and visible to other users of or visitors to the Site. For instance, subject to certain preferences and permissions as to visibility you will be allowed to make, information you provide about yourself in response to questionnaires on the Site may be made available to others such as information concerning your status as an accredited investor. As such, other users of the Site may be able to personally identify you based on your information made available on the Site. As a further example, if you utilize third-party services to log into the Site, other users to whom you may be connected to through such third-party service may be able to view or follow information about you, including non-personally identifiable information or personally identifiable information, on the Site.
When you register as a user on the Service, you will receive emails that confirm specific actions you requested, including emails to which you must respond to complete your registration, and notifications confirming your registration. Thereafter, you may receive emails when a new investment opportunity is offered, as well as updates concerning the progress of the funding of such opportunity or offering other relevant information. If you make an investment through the Site, we, or WealthForge will also send you non-brokerage confirmations of the investment and occasional updates as to the status of that investment and the timing of distributions relating to that investment. We may also send you responses to emails you send us, if appropriate. From time to time, we will also send user surveys, requests for user feedback regarding user experience and Site operations or marketing offers from us or from us on behalf of our marketing partners. The completion of these surveys or requests for feedback or acceptance of any offer is strictly voluntary. If you do not wish to receive these offers, surveys or user feedback emails, please opt out in any offer email you receive from us.
When you access the Service, we may collect technical and navigational information, such as computer browser type, Internet protocol address (“IP address”), pages visited, general statistical and tracking information, your computer operating system and browser information, and average time spent on our Sites. This information may be used, for example, to alert you to software compatibility issues, or it may be analyzed to improve our Web design and functionality. We train our employees about privacy and limit access to this information. To maintain security of your online session and prevent unauthorized users from accessing your account we use firewall barriers, encryption techniques and authentication procedures.
We will not sell, rent, license, or disclose any of your nonpublic personally identifiable information to any nonaffiliated third parties, except as described below. If you decide to close your account, TownCenter will continue to adhere to the privacy policies and practices as described in this notice.
We collect information about our users in four ways: (a) directly from the user, (b) from our web server logs, (c) through cookies, web-beacons, and server logs, and (d) from third parties with whom we may have agreements to perform certain functions or services on our behalf.
Information Collected Through Users
Any personal information or content that you voluntarily disclose for posting on the Site (“User Content”) becomes available to the public. You can view and modify this information within the self-maintenance area of the Site. If you remove User Content, copies may remain viewable in cached and archived pages or if other users have copied or stored your User Content. We reserve the right, but have no obligation, to monitor the User Content you post on the site. We have the right to remove any information or material posted on the Site for any reason or no reason, including without limitation, if in our sole opinion, such information or material violates, or may violate, any applicable law, the Agreement, or to protect or defend our rights or property or those of any third party. We also reserve the right to remove information upon the request of any third party.
The following information may be collected in connection with your use of the Site and Services:
· Information you provide online and on applications or other forms, or through discussions we have with you or your representatives, such as your name, address, e-mail address, telephone number, Social Security number, date of birth, income, investment amount, dollars requested, employment information, investment experience, and any information about your personal goals or objectives;
· Information entered online that may be stored even if you do not complete or submit an application;
· Information about your transactions with or through us, such as your account balance and account history, if applicable;
· Information from third parties in order to verify your identity, investor status, or to prevent fraud; · Information from third parties that you authorize to provide information to us;
· Information you provide to us about your external financial accounts in order for us to provide you special product and service features; and
· Information regarding external financial accounts will not be disclosed to any other entities.
If you correspond with us by e-mail, we may retain the content of your e-mail messages, your e-mail address and our responses in our e-mail records. We will retain e-mails that are sent from TownCenter to you. Emails are subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. We retain e-mail correspondence to build records of our relationship and to measure and improve our service. We may, over time, delete these records if permitted by law.
You may receive periodic updates emails from TownCenter. You may opt-out of the emails at any time. Instructions for unsubscribing are included in each email.
Cookies, Web-Beacons & Server Logs
Cookies are small text files, which often include a unique but anonymous code, sent by a Site server to your Web browser and stored on your computer. They recognize you as a repeat visitor, allowing you to log in faster and enhance your navigation through the site and the general user experience. Cookies do not identify you by name as an individual or by account number. Cookies also track traffic patterns on our Site, helping us understand how you are using our Site. This information allows us to improve the security, content, navigation and functionality of our Site. Cookies note that your browser was used to visit certain sites, pages, or advertisements on a certain date, but are not used to collect or disseminate any personal information.
You can manually disable cookies. You should review the online documentation of your browser or consult with the provider of your browser for instructions on how to disable cookies. However, disabling cookies may cause some parts of the Site to not function properly.
A “web beacon” is typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a site or in an email which allows the website to record the simple actions of the user opening the page that contains the beacon. “Server logs” can be either a single log file or several log files automatically created and maintained by a server of activity performed by the server, which can include information about any transaction you conduct with the server.
Internet Protocol (IP) Address
As you enter our Site, we capture and retain the IP address of the device you are using, such as a personal computer or a handheld device. The IP address does not identify you or your personal information and is used for security purposes only. We may use this information to monitor and prevent fraud, diagnose problems, and (anonymously) estimate demographic information.
Nonpublic Personally Identifiable Information
In the event that you request access to the confidential investment details and business details of an offering on the Site or the Service, the email address linked to your TownCenter user account may be furnished to the issuer to facilitate communication between you.
TownCenter does not sell, rent, or license, or otherwise disclose nonpublic personally identifiable information about current or former clients to anyone, except in cooperation with the government and regulatory agencies with a lawful summons, court order, subpoena, fraud investigation, audit or regulatory examination, investigations of a violation of legal rights of TownCenter or any other person, or as permitted or required by law, to non-affiliated third parties that help us provide services to you. For example, the United States Securities and Exchange Commission (“SEC”) requires that we verify your accredited investor status before you may invest in any offerings made available through our Site. Toward that end, TownCenter employs or contracts with other third parties, companies or individuals, including WealthForge, to perform certain functions or services on its behalf. Examples of these services from such third parties, companies, or individuals, may include:
· ID verification;
· Accreditation/financial/credit verification;
· Electronic document signing;
· Payment storing and processing;
· Sending postal mail and e-mail;
· Escrow services;
· Disbursement of funds;
· Analyzing data;
· Providing marketing assistance; and
· Providing customer service.
As such, these third parties, companies, or individuals may have access to nonpublic personally identifiable information concerning you that they provide to us. In turn, in order to comply with SEC requirements, we may have to share such information with issuers of securities or other offerings made available on our Site, with broker dealers, or with the WealthForge, depending on the types of investments you will be making through the Site.
All non-affiliated third parties that accept or receive this information from us are obligated contractually or by law or regulation to keep this information confidential and to use the information only to provide the services we ask them to perform. These non-affiliated third parties will be provided with only that information necessary to perform their functions on our behalf, and we will not allow them to use your personally identifiable information for any other purpose. TownCenter shall be entitled to transfer to a third-party information it maintains, including any personally identifiable information, in connection with a transaction or proceeding involving a transfer of some or all of the assets relating to the Site or a business in connection with which such information is maintained.
We may store nonpublic personally identifiable information in locations outside of our direct control such as on servers, or databases maintained by hosting providers. You may decline to submit nonpublic personally identifiable information through TownCenter, in which case we may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time in your online profile.
TownCenter may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or dissolution. In any such transfer of information, your user information would remain subject to the Agreement.
If you use our blog on the Site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of this forum, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in this forum.
Protecting Your Information
TownCenter uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We employ a variety of security measures, including encryption and authentication tools. Your personal information is stored behind firewalls and is only accessible by a limited number of people who are required to keep the information confidential.
If you have a unique password (the "Password") for access to non-public areas of the Site, you are solely responsible for all activities that occur in connection with your Password. Accordingly, you should take steps to protect the confidentiality of your Password. Notify TownCenter immediately if you become aware of any disclosure, loss, theft or unauthorized use of your Password. To protect your privacy and security, maintain the secrecy of your unique Password and account information, and for controlling access to your email communications from TownCenter, at all times.
Despite these measures, we cannot guarantee that unauthorized persons will always be unable to defeat our security measures.
Compromise of Personal Information
In the event that we learn that personal information is compromised as a result of a breach of security, TownCenter will use its best efforts to promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in the Agreement, or as otherwise required by applicable law.
Where You Can View and Correct Your Information
We urge you to review your information regularly to ensure that it is correct and complete. If you believe that any of your information is incorrect, or if you have any questions regarding this Policy, please contact us at firstname.lastname@example.org.
This Site is intended to be used by adults. It is not intended for children. TownCenter does not knowingly collect or solicit personal information from anyone under the age of thirteen (13) or knowingly allow such persons to register. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to TownCenter. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com.
The Service may be accessed by users located outside the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States, and that by providing your personal information on or through the Site then you consent to that transfer.
Links to Third-Party Sites
When you select a link to a third-party site, you are subject to the privacy and security policies of the third party and TownCenter’s Policy is no longer in effect. TownCenter does not control the privacy policies or the privacy practices of any third parties. We are not responsible for the practices employed by Sites linked to or from our Site nor the information or content contained therein. Your browsing and interaction on any other Site, including those that have a link on our Site, is subject to that Site's own rules and policies. Please read over those rules and policies before proceeding.
It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Site page, as determined by TownCenter in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in the Agreement.
We may at times send you e-mail communications with marketing or promotional materials. If you prefer not to receive such marketing or promotional e-mails from us, you may unsubscribe completely by emailing us at firstname.lastname@example.org.
Please note that opt-out requests may take up to forty-eight (48) hours to process. Please also note that at times we may need to send you e-mail communications that are transactional in nature such as service or termination announcements or payment confirmations which are communications you will not be able to opt-out of.
You will be able to modify the information concerning your account by visiting your profile page and editing any information you wish to change. You will be able to change your e-mail address, password, contact information, or other login information by visiting your account’s settings page subject to our website policy. If you wish to delete your account or need help modifying account information, please contact us at email@example.com . We will require up to forty-eight (48) hours to process such requests.
You may stop or restrict the placement of our cookies, Google’s cookies and third-party cookies on your computer by adjusting your web browser preferences or a “Do Not Track” setting in your web browser. If you do so, you may still use our website, but this may interfere with some of its functionality.
You may also clear cookies from your computer via your web browser settings. You may also wish to use a Google Analytics opt-out web browser add-on. Information on this option is available at: at: http://support.google.com/analytics/bin/answer.py?hl=en&answer=2700409
If you would like us to remove your personally identifiable information from our database, please send a request to: firstname.lastname@example.org.
We are not responsible for removing your personally identifiable information from the lists of any third-party services or other third party who has previously been provided your information in accordance with this notice.
By using the Site, you consent to the Agreement. If you do not agree with some, or all of the terms of the Agreement, you may not visit our Site or use the Service.
You agree that: (i) the Service shall be deemed solely based in the State of Virginia; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over TownCenter, either specific or general, in jurisdictions other than the State of Virginia. These Terms of Service shall be governed by the internal substantive laws of the State of Virginia, without respect to its conflict of laws principles.
Arbitration of Disputes Brought by a User
Resolution of Disputes Brought by TownCenter
You agree that any claim by TownCenter against a User may be brought pursuant to the rules of the AAA or may be adjudicated by a court of competent jurisdiction, either in Virginia, USA, or where the User is located (either the User’s home address or the address of the User’s principal place of business). With respect to the foregoing, the manner of dispute resolution and its venue is at TownCenter’s discretion and without reference to the choice of laws provisions of any jurisdiction. The User agrees to submit to the personal jurisdiction of the courts located in Virginia, USA. YOU HEREBY AGREE TO WAIVE TRIAL BY JURY.
Class Action Waiver
Any claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class User in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Waiver of Counterclaims
You agree to waive all rights to interpose any claims, deductions, setoffs or counterclaims of any nature (other then compulsory counterclaims) in any action or proceeding with respect to this Agreement or any matter arising therefrom or relating hereto or thereto.