Our Commitment to Your Privacy: Orchard Holdings Group, LLC and its affiliated entities (including any investment funds or vehicles) (collectively, “we,” “us” and “our”) are sensitive to your privacy concerns. We have a policy of protecting the confidentiality and security of information we collect about you. We are providing you this notice to help you better understand why and how we collect certain personal information, the care with which we treat that information, and how we use that information.
Types of Personal Information: We may collect the following types of personal information about you:
Uses of Personal Information:
- Contact information, such as your name, address, phone number, and email address;
- Government identifiers, such as Social Security number;
- Commercial and financial information, such as your assets and income, the amount of your ownership interest, and capital commitments;
- Technical information, such as IP address and data about usage of and interactions with our website.
We may use the personal information collected about you for the following purposes:
Sources of Personal Information:
- In order to provide you with better services, including communicating with you and answering your questions;
- To comply with law and regulations;
- For security and safety purposes, such as protecting our website and technology systems.
- To facilitate a corporate transaction;
- For internal business purposes, such as supporting our day-to-day operations.
We collect and maintain personal information from the following sources:
Disclosure of Information:
- Information we receive directly from you, such as in conversations over the telephone, in voicemails, through written correspondence, via e- mail, or on subscription agreements, investor questionnaires, partnership agreements, applications or other forms (for example, name, address, Social Security number, assets and income);
- Information about your transactions with us or others, including ownership records of the fund(s) in which you are a subscriber (such as the amount of your percentage ownership interest and any capital commitment).
- Information captured on our website, including any information captured via “cookies” (such as IP address and data about usage of and interactions with our website).
We may disclose personal information we collect about you to our affiliates and to nonaffiliated third parties only as permitted by law and regulation. For example, we may share personal information about you in the following situations:
- In connection with the administration and operations of the fund of which you are a subscriber, including disclosure to attorneys, accountants, auditors, administrators, companies that assist us with mailing statements or processing your transactions, and other professionals;
- In connection with investment activities, including disclosure to portfolio companies, co-investors in portfolio companies and their respective advisors and financial service providers (such as broker-dealers, custodians, banks and others used to facilitate transactions for our private funds);
- To law enforcement and other recipients to respond to a subpoena or court order, judicial process or regulatory inquiry; to enforce our policies and agreements; and to protect our, our customers’, and other third parties’ safety, property, or rights; and
- At your direction or with your consent, including upon your authorization to disclose such information to persons acting in a fiduciary or representative capacity on your behalf.
To limit our sharing of your non-public personal information, please contact us at 513-421-4100 or email@example.com.
California Shine the Light: California residents may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at firstname.lastname@example.org.
We consider the protection of sensitive information to be a sound business practice, and to that end we employ reasonable physical, electronic and procedural safeguards to protect your personal information in our possession or under our control. However, no measures are 100% effective and we cannot guarantee the security of your information.
Data About Children
: Our website is not intended for minors under the age of 18, and in general we do not knowingly collect personal information from children under age 18. If you believe that we have inadvertently collected personal information from an individual under the age of 18, please contact us using the information below so that we can delete the information.
Former Investors and Clients
: When you are no longer an investor or client, we continue to maintain your non-public personal information and apply the same policies that apply to our current investors and clients.
THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE. PLEASE READ IT CAREFULLY. SECTION 12 OF THIS DOCUMENT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS, AND SECTION 13 LIMITS THE TIME PERIOD WITHIN WHICH YOU MAY BRING A CLAIM AGAINST US.
Last Modified: September 6, 2023
- Use of Information Provided by You. You acknowledge, represent and agree that any User Submission is submitted voluntarily and is not confidential or proprietary, and that your User Submission does not establish a relationship between you and us except as set forth in this Agreement. You hereby grant the Company and its sublicensees a worldwide, royalty-free, non-exclusive, transferable, perpetual and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display and create derivative works of your User Submissions, except as otherwise prohibited by applicable law or this Agreement. You waive any right to compensation of any type for your User Submissions, except as otherwise provided in this Agreement. You represent and warrant that you either own all User Submissions or otherwise have all the rights necessary to grant the rights in this Agreement and that use of User Submissions by us does not violate any law. You may not upload to, distribute, or otherwise publish through or in connection with the Website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that may constitute or encourage a criminal offense, violate the rights of any party or that may otherwise give rise to liability or violate any law.
- Intellectual Property Rights. The Website (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of those things), and associated know-how, are owned by Company, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (“Website IP”). The Company retains all right, title, and interest in and to the Website IP. This Agreement contains no implied licenses. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any part of our Website without our prior written consent.
- Permitted Uses. You represent and warrant that (1) you are at least 18 years of age; (2) you have full power and authority to enter into this Agreement; (3) you are not located in, under the control of, or a national or resident of any country subject to sanctions by the United States or Singapore; (4) you have not been placed on the U.S. Department of Commerce’s Denied Persons List; (5) you are not identified as a “Specially Designated National” by the United States government; (6) you are not subject to any sanctions, including financial sanctions, of the Singapore government; and (7) you will not access the Website if you have previously been prohibited from doing so or if any laws prohibit you from doing so. We do not intend for the Website to be used by persons or entities in countries or jurisdictions that require us to obtain a registration or license. If you are in such a country or jurisdiction, you are not authorized to and agree that you will not use the Website. You may use the Website only for lawful purposes and in accordance with this Agreement. You agree not (a) to use the Website in any way that violates any applicable federal, state, local, or international law or regulation, (b) use the Website for any unauthorized, fraudulent, or malicious purpose, (c) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability, (d) use the Website in any manner that could disable, overburden, damage, or impair the Website, (e) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, (f) to access systems, data or information not intended by us to be made accessible to a user, (g) to obtain or attempt to obtain any materials or information through any means not intentionally made available by us; or (h) to use the Website for any use other than the purpose for which it was intended.
- Reliance on Information Posted. We do not warrant the accuracy, completeness, or usefulness of any information presented on or through the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Nothing on this Website constitutes (a) advice or a recommendation of any kind (legal, financial or otherwise), or (b) an indication of results that may be achieved. Please consult with professional advisors in connection with your use of the Website. The content on this Website is updated frequently, including based on interaction with users of the Website, but the Website’s content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
- Third Party Components. If the Website contains links to other sites or resources provided by third parties, or otherwise integrates such third-party resources (collectively, “Third Party Components”), these Third Party Components are provided for your convenience only. We have no control over the contents of the Third Party Components, and WE ACCEPT NO RESPONSIBILITY FOR THE THIRD PARTY COMPONENTS OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THE THIRD PARTY COMPONENTS. If you access any such Third Party Components, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party Components. In addition, we may require you to review and agree to additional terms and disclosures as a condition to using or accessing certain Third Party Components.
- Disclaimer of Warranties. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
- Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (COLLECTIVELY “ORCHARD PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO THIS AGREEMENT OR YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE AGGREGATE LIABILITY OF THE ORCHARD PARTIES TO YOU FOR ALL CLAIMS AND DAMAGES RELATED TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES ON OR PROVIDED IN CONNECTION WITH THE WEBSITE OR SUCH OTHER WEBSITES WILL NOT EXCEED $100 U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH DAMAGES OR LIABILITY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY THAT CANNOT UNDER APPLICABLE LAW BE EXCLUDED.
- Indemnification. You will defend, indemnify, and hold harmless the Orchard Parties from and against any third party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of this Agreement, (b) your use of the Website, (c) any User Submission made by you, including with respect to violations of any other party’s rights, such as intellectual property or other proprietary rights, and laws related to privacy or information security; or (d) your violation of any other party’s rights or applicable law.
- Arbitration and Governing Law. YOU WILL SUBMIT ANY DISPUTES ARISING FROM THIS AGREEMENT OR THE WEBSITE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING DELAWARE LAW. THE SEAT OR LEGAL PLACE OF ARBITRATION WILL BE IN CINCINNATI, OHIO. YOU AGREE TO ARBITRATE IN YOUR INDIVIDUAL CAPACITY ONLY – NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS – AND YOU EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS ACTION BASIS. FURTHERMORE, UNLESS YOU AND COMPANY AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OF CLASS PROCEEDING. ALL ARBITRATION PROCEEDINGS ARE CONFIDENTIAL. ARBITRATION ORDERS AND AWARDS REQUIRED TO BE FILED WITH APPLICABLE COURTS OF COMPETENT JURISDICTION ARE NOT CONFIDENTIAL AND MAY BE DISCLOSED BY THE PARTIES TO SUCH COURTS. A PARTY WHO IMPROPERLY DISCLOSES CONFIDENTIAL INFORMATION WILL BE SUBJECT TO SANCTIONS. THE ARBITRATOR AND FORUM MAY DISCLOSE CASE FILINGS, CASE DISPOSITIONS, AND OTHER CASE INFORMATION AS REQUIRED BY A COURT ORDER OF PROPER JURISDICTION. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions.
- Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- General. If any provision of this Agreement is held by a court of competent jurisdiction or arbitrator to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and the Company intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, you and the Company agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. The Company may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement or assign, transfer, or sublicense your rights, if any, to access or use the Website or its content, and any attempt by you to do so is void. The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on the Company if it is in a written document signed by the Company. This Agreement (including any incorporated terms) constitutes the entire agreement between you and the Company with respect to the Website and its contents. Both you and the Company warrant to each other that, in entering into this Agreement, neither the Company nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in this Agreement. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and the Company, or the Company’s successors and assigns, will have any right to enforce any of this Agreement. Neither this Agreement nor the Website create a partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
Views expressed in posts and on this website (including podcasts, videos, and social media) are those of the individual Orchard Holdings Group LLC, Orchard Management Company LLC or their respective affiliates’ (collectively “Orchard Holdings”) personnel quoted therein, in their individual capacity, and are not the views of Orchard Holdings The information on this website are not directed to any investor or potential investor, and do not constitute an offer to sell - or a solicitation of an offer to buy - any securities and may not be used or relied upon in evaluating the merits of any investment.
The contents herein — and available on any associated distribution platforms and any public Orchard Holdings online social media accounts, platforms, sites (collectively, “Content Distribution Outlets”) — should not be construed as or relied upon in any manner as investment, legal, tax, or other advice. You should consult your own advisers as to legal, business, tax, and other related matters concerning any investment. Any projections, estimates, forecasts, targets, prospects and/or opinions expressed in these materials are subject to change without notice and may differ or be contrary to opinions expressed by others. Any charts or graphs provided here or on Orchard Holdings Content Distribution Outlets are for informational purposes only, and should not be relied upon when making any investment decision. Certain non-material information contained herein has been obtained from third-party sources, including from portfolio companies of funds managed by Orchard Holdings. While taken from sources believed to be reliable, Orchard Holdings has not independently verified such information and makes no representations about the enduring accuracy of the information or its appropriateness for a given situation. In addition, videos, podcasts, and other website content may discuss companies or products that Orchard Holdings has or may invest in, but they are not meant to be third-party advertisements; Orchard Holdings does not endorse any third party advertising content contained therein. All content speaks only as of the date of publication (and Orchard Holdings has no intent or obligation to update) or as otherwise may be indicated.
Under no circumstances should any posts or other information provided on this website — or on any associated Content Distribution Outlets — be construed as an offer soliciting the purchase or sale of any security or interest in any pooled investment vehicle sponsored, discussed, or mentioned by Orchard Holdings personnel, nor should they be construed as an offer to provide investment advisory services. An offer to invest in a Orchard Holdings managed pooled investment vehicle will be made separately and only by means of the confidential offering documents of the specific pooled investment vehicles — which documents should be read in their entirety — and made only to those who, among other requirements, meet certain qualifications under federal securities laws. Such investors, defined as “accredited investors”, are generally deemed capable of evaluating the merits and risks of prospective investments and financial matters.
Past results of Orchard Holdings’ investments, pooled investment vehicles, or investment strategies are not necessarily indicative of future results. Investments listed on this website include significant investments completed by members of the investment team while at the current Orchard Holdings Group, LLC or one of its current or predecessor affiliates, or the firm previously known as Orchard Holdings Group, LLC at which the Orchard principals worked together. There can be no assurances that Orchard Holdings’ investment objectives will be achieved or that its investment strategies will be successful. Any investment in a vehicle managed by Orchard Holdings involves a high degree of risk including the risk that the entire amount invested is lost. Any investments or portfolio companies mentioned, referred to, or described are not representative of all investments in vehicles managed by Orchard Holdings and there can be no assurance that the investments will be profitable or that other investments made in the future will have similar characteristics or results.
If you have any questions about these disclosures or would like further information about Orchard Holdings please contact us at email@example.com or (513) 421-4100.