Effective Date: June 1, 2024

BY ACCESSING AND USING THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS PFD CAPITAL PARTNERS INC. PRIVACY POLICY AND DISCLAIMER IN ITS ENTIRETY.

This Privacy Policy describes how PFD Capital Partners Inc. and its Affiliates (collectively “PFD Cap,” “we,” “us,” or “our”) collect, use, and disclose your personal information when you visit our websites, mobile applications, electronic devices, kiosks, and all other print and digital products and services we provide, and all of the associated content, functionalities, and advertising (collectively the “Services”). In this Privacy Policy, “Affiliates” refers to subsidiaries and entities in which PFD Cap or its subsidiaries operate or have an ownership interest. Our Services operate in the healthcare and finance markets, specifically in the areas of private equity and paperwork underwriting.

Information We Collect

1.1 Personal Information

When you use our Services, we may collect personal information that you voluntarily provide to us, such as your name, email address, postal address, phone number, mobile phone number, payment information, gender, birth year, and information you provide or post on our Services or allow us to access, such as photos, video, and/or audio when you do certain things such as:

   •    Request certain features (e.g., newsletters, updates, and other products);
   •    Sign up to receive SMS (text message) notifications;
   •    Connect with the Services or otherwise allow us to access certain information about you via a social networking site;
   •    Post user-generated content, including comments to or on any of our Services;
   •    Navigate our websites and mobile applications; or
   •    Submit your information to us for any other reason.

In the healthcare context, this may include protected health information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA). In the finance context, this may include non-public personal information (NPI) as defined by the Gramm-Leach-Bliley Act (GLBA).

1.2 Usage Information

We may automatically collect certain information about your device and your interaction with our Services, including your IP address, browser type, device type, operating system, referring URLs, and information about your use of our Services.

1.3 Cookies and Similar Technologies

We may use cookies and similar technologies to collect information about your browsing behavior and preferences. You can manage your cookie preferences through your browser settings.

1.4 Information from Third Parties

We may obtain additional information about you from third parties, such as marketers, partners, researchers, social networks, data services companies (e.g., for data enhancement), and others. We may combine information that we collect from you with information about you that we obtain from such third parties and information derived from any other subscription product or service we provide.

1.5 Collection of Information Across Devices and Applications

We may use the information we collect to locate or try to locate the same unique users across multiple browsers or devices or work with providers that do this in order to better tailor content, features, and advertising and provide you with a seamless experience across the devices you use to access the Services.

Use of Information

2.1 General Use

We may use your personal information to:

   •    Provide and improve our Services;
   •    Communicate with you;
   •    Process transactions;
   •    Personalize your experience;
   •    Comply with legal and regulatory obligations, including HIPAA and GLBA;
   •    Offer, manage, monitor, and improve the content and features of the Services or develop new Services;
   •    Allow us to personalize or otherwise provide the content and advertising that you see on the Services and on other websites and mobile applications;
   •    Enforce the legal terms that govern your use of the Services;
   •    Administer and troubleshoot the Services;
   •    Associate your activities, customize content, or tailor advertising across different devices and browsers that you use to access the Services;
   •    Send you offers and advertisements through various channels.

2.2 Specific Uses

We may use usage information and data collected through cookies and similar technologies to:

   •    Analyze trends;
   •    Administer the Website;
   •    Track users’ movements;
   •    Gather demographic information.

Sharing of Information

3.1 With Service Providers and Business Partners

We may share your personal information with our service providers and business partners who assist us in providing our Services, ensuring they adhere to strict confidentiality and security obligations, including compliance with HIPAA and GLBA as applicable.

3.2 In Legal Circumstances

We may disclose your personal information if required to do so by law or in response to a court order, subpoena, or other legal process, including requests from regulatory bodies such as the Securities and Exchange Commission (SEC) or the Financial Industry Regulatory Authority (FINRA).

3.3 Business Transactions

In the event of a merger, acquisition, or sale of all or a portion of our assets, your personal information may be transferred to the acquiring entity. We will notify you of such changes and your choices.

3.4 With Your Consent

We may rent, sell, or share your personal information with non-affiliated third parties with your consent, including for their own marketing and advertising purposes.

3.5 With Affiliates

We may share your personal information with our Affiliates.

Your Choices and Rights

4.1 Opt-Out

You may opt-out of receiving promotional emails from us by following the instructions in those emails. Even if you opt-out of promotional communications, we may still send you transactional or administrative messages.

4.2 Cookies

You may disable cookies in your browser settings, but this may limit your ability to use certain features of our Services.

4.3 California Privacy Rights Act (CPRA)

California residents have the right to know what personal information we collect, disclose, and sell; the right to delete and correct their personal information; and the right to opt-out of the sale of their personal information. To exercise these rights, please contact us using the information provided in the “Contact Us” section below. We will provide detailed instructions and ensure timely responses as mandated by the CPRA. You can also visit our [Do Not Sell My Personal Information] page to opt-out of the sale of your personal information.

4.4 HIPAA Rights

If we handle your PHI, you have certain rights under HIPAA, including the right to access and amend your PHI, request restrictions on its use and disclosure, and receive an accounting of disclosures. To exercise these rights, please contact our HIPAA Privacy Officer using the information provided in the “Contact Us” section below. Additionally, our Notice of Privacy Practices (NPP) is available [here].

4.5 GLBA Opt-Out

If we handle your NPI, you have the right to opt-out of certain types of information sharing with third parties. To exercise this right, please contact us using the information provided in the “Contact Us” section below. We have implemented a written information security plan to protect your NPI in compliance with the GLBA.

Data Security and Confidentiality

We implement robust security measures to protect your personal information, including PHI and NPI, from unauthorized access, disclosure, or destruction. This includes technical, administrative, and physical safeguards such as encryption, access controls, and regular security audits. We also require our service providers and business associates to maintain appropriate security measures and comply with relevant regulations, including HIPAA and GLBA. We adhere to privacy by design principles, ensuring that privacy considerations are embedded into the development and implementation of our systems, processes, and products from the outset.

Data Retention Schedule

We retain your personal information, including PHI and NPI, in accordance with industry-specific data retention schedules:

   •    Healthcare Data (PHI): We retain PHI in accordance with HIPAA requirements, which generally mandate retention for a minimum of six years from the date of creation or last use, whichever is later. Certain types of PHI may be subject to longer retention periods as required by state laws or specific healthcare provider agreements.
   •    Financial Data (NPI): We retain NPI in accordance with SEC and FINRA regulations, which typically require retention of records for a period of at least six years. Certain financial records may be retained for longer periods as necessary to comply with legal obligations or business requirements.

After the applicable retention period, we securely dispose of personal information, PHI, and NPI using methods designed to prevent unauthorized access or disclosure, such as secure shredding or erasure.

Incident Response Plan

We have an incident response plan in place to effectively address any data breaches. This includes prompt investigation, containment, mitigation, and notification procedures to minimize potential harm and comply with legal obligations.

Breach Notification

In the event of a data breach involving your PHI or NPI, we will promptly notify you and take appropriate steps to mitigate any potential harm. We will provide information about the nature of the breach, the types of information involved, and the steps you can take to protect yourself. We will also notify relevant regulatory authorities as required by HIPAA, GLBA, and state data breach notification laws.

Children’s Privacy

Our Services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If we become aware that we have inadvertently received personal information from a child under the age of 13, we will delete such information from our records.

Regular Audits and Assessments

We are committed to conducting regular audits and assessments of our privacy and security practices to ensure ongoing compliance with applicable regulations and industry best practices. This includes internal audits, third-party assessments, and vulnerability testing. We continuously monitor our systems and processes to detect and respond to potential privacy and security incidents in a timely manner.

Employee Training

We provide regular privacy and security training to our employees, ensuring they understand their obligations and responsibilities when handling personal information, PHI, and NPI. This helps foster a culture of compliance and reduces the risk of unauthorized access or disclosure.

Climate-Related Disclosures

We are committed to providing transparent and accurate disclosures regarding the material impacts of climate-related risks on our business operations, strategy, and financial condition in accordance with the SEC’s rules on climate-related disclosures. We align our disclosures with the U.S. Supreme Court’s materiality standard, where information is material if there is a substantial likelihood that a reasonable investor would consider it important. Detailed disclosures can be found in our annual reports and filings with the SEC.

No Investment Advice

The information on this Website is for informational purposes only and does not constitute an offer or the solicitation of an offer to buy or sell any security or financial instrument or to participate in any investment strategy. The information on this Website is not intended to provide and should not be relied upon for investment, accounting, legal, or tax advice. You should consult your own advisors before making any investment decisions.

Third-Party Links

This Website may contain links to third-party websites. We are not responsible for the privacy practices or the content of those third-party websites. The inclusion of any link does not imply our endorsement of the linked site. Users are encouraged to review the privacy policies of any third-party sites they visit.

Limitation of Liability

In no event shall PFD Cap or its Affiliates be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with your use of this Website or the Services, even if advised of the possibility of such damages. This limitation of liability applies to the fullest extent permitted by law.

Governing Law

This Privacy Policy and the Disclaimers shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the effective date. If the changes are significant, we will provide a more prominent notice (e.g., email notification).

Contact Us

If you have any questions about this Privacy Policy, wish to exercise your rights under the CPRA, HIPAA, or GLBA, or need to contact our HIPAA Privacy Officer, please contact us at privacy@pfdcap.com.

California Shine the Light

California law permits users who are California residents to request and obtain from us, once a year, free of charge, a list of the third parties to whom we have disclosed their ‘personal information’ (if any and as defined under applicable California law) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email at privacy@pfdcap.com.

Additional California Rights

If you are a California resident under the age of 18 and are a registered User of our Services, you may be entitled to request that we remove from our Services content you posted to our Services that can be accessed by any other User (whether registered or not). Please note that any content that is removed from our Services may still remain on our servers and in our systems. To request the removal of content under this provision, please send an email to privacy@pfdcap.com and provide us with a description of the content and the location of the content on our Services and any other information we may require to consider your request. Please note that removal of content under this provision does not ensure complete or comprehensive removal of the content or information posted on the Services by you.

Supplemental Privacy Notice for California Residents

This Supplemental Privacy Notice supplements the information in our Privacy Policy above and applies solely to California residents. It applies to personal information we collect on or through the Services and through other means (such as information collected offline, in person, and over the telephone). It does not apply to personal information we collect from our employees or job applicants.

Summary of Information We Collect

California law requires us to disclose information regarding the categories of personal information that we have collected about California consumers, the categories of sources from which the information was collected, the business or commercial purposes for which the information was collected, and the categories of parties with whom we share personal information.

We or our service providers may collect the below categories of information for the following business or commercial purposes: providing the Services; our or our service provider’s operational purposes; auditing consumer interactions on our site; detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity; bug detection and error reporting; customizing content that we or our service providers display on the Services; improving our existing Services and developing new services; other uses that advance our commercial or economic interests; or for other uses about which we notify you.

California Notice of Collection

The table below outlines the categories of personal information we may collect, the categories of sources of that information, examples of uses for that information, and the categories of third parties with which we may share that information.

Rights for California Consumers

If you are a California resident, you may have certain rights, including the right to: request that we provide you the categories of personal information we have collected or disclosed about you in the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we shared personal information; request access to and/or a copy of certain information we hold about you; delete certain information we have about you.

To exercise these rights, please email us at privacy@pfdcap.com. We will take reasonable steps to verify your identity before responding to a request. You are also permitted to designate an authorized agent to submit certain requests on your behalf.

Do Not Sell My Info

We do not sell your information to third parties. However, depending on the Services you use, we may provide certain categories of personal information to third parties for advertising or marketing purposes. If you would like to opt out of our use of your information for such purposes that are considered a “sale” under California law, you may do so as outlined on the Do Not Sell My Info page or by emailing us at privacy@pfdcap.com.

Metrics

We will update this section with the required metrics after the CCPA has been in effect for a calendar year, if applicable.

Disclaimer

The material on this website is confidential and may not be reproduced or provided to others without the express written permission of PFD Capital Partners Inc.

The material on this website has been prepared for informational purposes only and does not constitute an offer or a solicitation of an offer to buy or sell any security or financial instrument or to participate in any investment strategy. This material does not purport to be complete or contain all of the provisions that would be set forth in any offering memorandum.

Any potential investment in any investment vehicle described on the website may not be suitable for all investors. Any prospective investment will require you to represent that you are an “accredited investor” as defined in Regulation D under the Securities Act of 1933 as amended. Most prospective investments will also require you to represent that you are a “qualified purchaser” as defined in section 2(a)(51) of the Investment Company Act of 1940 as amended (the “40 Act”).

The investment vehicles described on the website may be construed as high risk and may experience substantial or sudden loss, including total loss of invested capital. The securities and financial instruments described on the website may not be available in all jurisdictions.

Potential investors should be aware that any direct or indirect investment in any investment vehicle described on the website is subject to significant risks, including total loss of capital. Potential investors should also be aware that there are significant restrictions on transferability and redemption of interests in such vehicles. Investors should be able to bear the financial risks and limited liquidity of an investment in the vehicles described on the website.

Investments in the vehicles described on the website are highly speculative and may be adversely affected by the use of trading strategies and techniques that are typically prohibited for investment vehicles that are registered with the SEC under the “40 Act”. The investment managers of the vehicles described on the website may use investment strategies and financial instruments that, while affording the opportunity to generate positive returns, also provide the opportunity for increased volatility and significant risk of loss.

Also, unregistered vehicles are typically less transparent in terms of information and pricing and have much higher fees than registered investment vehicles. Investors in unregistered vehicles may not be afforded the same protections as investors in vehicles registered under the “40 Act,” including limitations on fees, controls over investment policies, and reporting requirements.

All performance information set forth herein is based on historical data and, in some cases, may be based on hypothetical data and may reflect certain assumptions with respect to fees, expenses, taxes, capital charges, allocations, and other factors that affect the computation of the returns. An individual investor may have experienced different results for the period in question had it been an investor during such period. These figures may also be non-audited and subject to material change. Past performance is not indicative of future results, and it is impossible to predict whether the value of any offering or index will rise or fall over time.

While the information (including any historical or hypothetical returns) in these materials has been obtained from sources deemed reliable, neither PFD Capital Partners Inc. nor its affiliates guarantee its accuracy, timeliness, or completeness. Any opinions expressed herein are statements of our judgment on this date and are subject to change without notice. PFD Capital Partners Inc. and its affiliates assume no fiduciary responsibility or liability for any consequences, financial or otherwise, arising from an investment in any security or financial instrument described herein or in any other security or from the implementation of any investment strategy. The materials should not be construed as legal, business, or tax advice.

PFD Capital Partners Inc. is not acting as your legal, financial, tax, or accounting adviser or in any other fiduciary capacity with respect to any investment fund, managed account, offering, or other vehicle on this website. Prospective investors in any such offerings must understand and are strongly encouraged to discuss with their professional tax, legal, accounting, and other advisors the risks and effects of any investment they may enter into. If you decide to enter into an investment, you do so in reliance on your own judgment and you must be willing and able to bear the risks associated with such investment.

Conclusion

This comprehensive Privacy Policy aims to ensure that PFD Capital Partners Inc. adheres to the highest standards of privacy and data protection under California and U.S. law. For Further information please contact our Legal Department.