Effective: July 17, 2023
Fernbrook Capital Management LLC, and its affiliates (collectively, “Fernbrook Capital”, “we”, “us”, or “our”) are committed to protecting and respecting your privacy in accordance with data protection laws that are applicable in the United States of America from time to time.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. This website is not intended for children and we do not knowingly collect data relating to children.
Fernbrook Capital is made up of different legal entities. This policy is issued on behalf of the Fernbrook Capital Management LLC, a Delaware limited liability company,, which includes any Fernbrook Capital entity that directly or indirectly controls, is controlled by, or is under common control with another Fernbrook Capital entity. So when we mention “Fernbrook Capital”, “we”, “us” or “our” in this policy, we are referring to the relevant Fernbrook Capital entity responsible for controlling your personal data.
Welcome to the Fernbrook Capital website. By accessing this website, you agree to comply with this binding User Agreement between you and Fernbrook Capital, which governs your access and use of the website. If you do not accept these terms and conditions, do not use this website. Your use of this website indicates your full acceptance of this User Agreement in its then-current form each time you use the website. Fernbrook Capital reserves the right to change the terms and conditions at any time, without notice.
The information that we provide is for your information only. Some information provided may not be current, or may have changed since the last time you viewed or downloaded it. All information is subject to change without notice. We do not in any way represent or warrant the accuracy or reliability of any of the information provided, and all information is provided subject to the disclaimers and limitations of liability set forth below.
No General Solicitation or General Advertising of Security Interests
The material contained in this website does not constitute any offer or sale or any form of general solicitation or general advertising of interests in Fernbrook Capital private investment funds. Such private investment funds rely on private placement exemptions to registration under the Securities Act of 1933 (or the securities laws of any states).
Informational Purposes Only
Nothing on this website is an offer or solicitation to buy or sell any security, and Fernbrook Capital is not soliciting any action based on the website. Nothing on this website is a recommendation that you purchase, sell or hold any security, or that you pursue any investment style or strategy. Nothing on this website is intended to be, and you should not consider anything on the website to be, investment, accounting, tax or legal advice.
Ownership and Proprietary Rights to Content
This website is owned and operated by Fernbrook Capital. Any claims or concerns regarding this website should be addressed to: Fernbrook Capital Management LLC, 300 Park Avenue, 2nd Floor, New York, NY 10022; phone (646) 661-5670; or email firstname.lastname@example.org.
You acknowledge and agree that this website contains information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. The content of this website is our property or that of our suppliers or licensors and is protected by U.S. and international copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, license, sell, create derivative works from, or in any way exploit any of the content, in whole or in part. You may not upload, post, reproduce, perform, or distribute in any way any content without obtaining permission of the owner of the copyright, trademark or other proprietary right.
You expressly understand and agree that:
(a) Your use of the website is at your sole risk. The website is provided on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In particular, we make no representations or warranties with regard to the website’s accuracy or completeness. You should be aware that a portion of the materials provided on the website include or consist of information that has been provided by third parties and has not been validated or verified by us. In connection with our investment activities, we often become subject to a variety of confidentiality obligations to funds, investors, portfolio companies and other third parties. Any statements we make may be affected by those confidentiality obligations, with the result that we may be prohibited from making full disclosures. Without limitation on the effect of other warnings and disclaimers set forth in these terms, you should interpret any statements we make (on this website or otherwise) in that context.
(b) We do not warrant or represent that (i) the website will meet your requirements, (ii) the website will be uninterrupted, timely, secure, or error-free, (iii) the quality of any information, or other material obtained by you through the website will meet your expectations, (iv) the server that makes the website available is free of viruses or other harmful components; or (v) any errors in the software will be corrected. Please ensure that your own computer security is comprehensive and up to date. We accept no responsibility for viruses, malware or other malicious or damaging software contained in these materials or otherwise.
(c) Any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and that you will be solely responsible for any loss or damage incurred, including, without limitation, damage to your computer system or loss of data that results from the download of any such material. You (and not us or any of our affiliated entities or any of our or their respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to restore your system.
(d) No advice or information, whether oral or written, obtained by you from us or through or from the website shall create any warranty not expressly stated in this User Agreement. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
We shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use of or the inability to use the website resulting from unauthorized access this website, including but not limited to, damages for loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
If you are dissatisfied with any portion of the website, or with any portion of this User Agreement, your sole and exclusive remedy is to discontinue using this website.
This User Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions of Use will be filed only in the state or federal courts located in Southern District of New York, and you hereby consent and submit to the personal jurisdiction and venue of such courts for the purposes of litigating any such action.
Information we collect from you
Whether you are an individual investor or a director/shareholder of a company that we are thinking of investing in, or someone from within our network who wishes to have a relationship with us, we may collect and process different kinds of personal data about you, which we have grouped together as follows:
- Identity Data includes first name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from investments you are involved in and share information.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call us.
- Profile Data includes your username and password, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our website.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
Special category personal data
In certain circumstances, we may collect, store and use your sensitive personal data, known as ‘special category’ data. We will do this when you provide us with information about your racial or ethnic origin. Please see below for further details on how we process special category data.
How we collect your personal data
- Personal data you give us. This may include Identity Data, Contact Data, and Financial Data about you that you give us by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. It includes personal data you provide when you register to receiveFernbrook Capital’s news and updates, subscribe to any of our services, participate in discussion boards or other social media functions on our site and when you report a problem with our site.
- Personal data we collect about you. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies. We may also collect your Identity Data and Contact Data from publicly available sources, to send you communications which make suggestions and recommendations to you about services or investments that may be of interest to you. You will always be provided with the opportunity to opt-out of receiving these communications (see “Marketing” below).
- Personal data we receive from other sources. This is personal data we receive about you if you use any of the other websites we operate or the other services we provide. In this case, we will have informed you when we collected that data if we intend to share that data internally and combine it with data collected on this site. We will also have told you for what purpose we will share and combine your data. We are working closely with third parties (including, for example: (i) business partners such as accountants and lawyers, located both inside and outside the USA; (ii) portfolio companies, investors and suppliers, located both inside and outside the USA; (iii) analytics providers such as Google based outside the USA; and (iv) publicly available sources such as LinkedIn, Twitter, based inside and outside the USA).
We will ask for your permission (Consent) to place cookies or other similar technologies on your device, except where they are essential for us to provide you with a service that you have requested.
If you do not want to accept any cookies, you may be able to change your browser settings so that cookies (including those which are essential to the services requested) are not accepted. If you do this, please be aware that you may lose some of the functionality of our website.
Uses made of the personal data
We use personal data held about you in the following ways: We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data, other than in relation to sending third party direct marketing communications to you via email or text message, certain introductions or using non-essential cookies on our website.
Fernbrook Capital is likely to receive and store personal information as part of its investment evaluation process. If you are involved in a transaction that Fernbrook Capital and/or the funds that it manages or advises enters into, or a potential transaction that Fernbrook Capital considers, we may store personal information relating to you. This might include your CV, details of your previous employment history and professional activities, information relating to your financial status and dealings, nationality information (including copies of identity documents, such as a passport), references provided by third parties, and results of other due diligence carried out. We collect and store this information for the purposes of:
- Evaluating a transaction and your role in it;
- Executing transactions;
- Managing an investment once made;
- Maintaining records of investments;
- Meeting regulatory and legal obligations, e.g., KYC checks;
- Safeguarding our legal rights and interests;
- Seeking and receiving advice from our professional advisors, including accountants, lawyers and other consultants; and
- Providing periodic business updates, as described below.
We store and process information in this way because it is necessary to:
- perform a contract to which you are likely to be a party;
- comply with a legal or regulatory obligation; and/or
- protect our legitimate interests in running and promoting our business.
How we will use your special category personal data
We may collect information about your race or ethnic origin to ensure meaningful equal opportunity monitoring and reporting. We will only do this where you have provided us with your explicit consent, to allow us to collect and process this type of information.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). If you are an individual, you will receive marketing communications from us because you have requested to receive them or previously entered into a contract with us and, in each case, you have not opted out of receiving marketing.
If we are contacting you as a business then we are entitled to contact you on the basis of our legitimate interests (to develop and grow our business) with marketing information provided that you have not previously opted out of receiving such communications. In some circumstances you may receive marketing communications from us if we have collected your Identity Data and Contact Data from a publicly available source, however you will always be provided with the opportunity to opt-out of receiving these communications.
We will get your express opt-in consent before we share your personal data with any company outside the Fernbrook Capital group of companies for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by contacting the DPO at 300 Park Avenue, 2nd Floor, New York, NY 10022, or email@example.com at any time.
Disclosure of your personal data
We may have to share your personal data with the parties set out below for the purposes set out above:
- Any member of the Fernbrook Capital Management LLC, which includes any Fernbrook Capital entity that directly or indirectly controls, is controlled by, or is under common control with another Fernbrook Capital entity acting as both controllers and processors based inside and outside the USA.
Selected third parties including:
- Business partners, including portfolio companies and investors, acting as processors or joint controllers based inside and outside the USA.
- Suppliers and sub-contractors acting as processors based inside and outside the USA who provide IT and systems and administration services.
- Professional advisers acting as processors or independent controllers including lawyers, bankers, auditors and insurers based in the USA and other jurisdictions who provide consultancy, banking, legal, insurance and accounting services.
- Regulators and other authorities, including the US Securities and Exchange Commission, the Internal Revenue Service who require reporting of processing activities in certain circumstances.
- Analytics and search engine providers based in jurisdictions both inside and outside of the USA that assist us in the improvement and optimisation of our site.
Please contact the DPO at 300 Fernbrook Capital Management LLC, 300 Park Avenue, 2nd Floor, New York, NY 10022 or firstname.lastname@example.org, if you want further information on the Fernbrook Capital Group or any third party with whom we share your personal data.
We will disclose your personal data to third parties:
- In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
- If Fernbrook Capital or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
We make no representation that materials on this website are appropriate or available for use in locations outside the USA, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.
Third party sites
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Modification of User Agreement
Fernbrook Capital may modify this User Agreement in its sole discretion at any time. Notice of all changes to this User Agreement will be posted on this website. If you do not agree with the changes in the User Agreement, your sole remedy is to discontinue the use of the website. By using this website after we post any changes to the User Agreement, you thereby agree to accept those changes.
We may terminate your access, or suspend any user’s access to all or part of this website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or us.
This User Agreement sets forth the entire agreement between you and us with respect to the subject matter hereof and supersedes all prior agreements relating to such subject matter. All Fernbrook Capital individuals and entities are intended third-party beneficiaries of this User Agreement. Our rights under this User Agreement may be waived by us only in writing. This User Agreement is binding on you as well as your successors and permitted assigns. In the event any of the terms in this User Agreement are determined to be invalid or unenforceable, such provision shall be deemed severed from the remained of this User Agreement and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of this User Agreement.
Right to withdraw consent
We will not usually rely on your consent as the legal basis for processing your personal data. In the limited circumstances where we have requested you to consent to the processing of your personal data for a specific purpose, and you have provided such consent, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the DPO at 300 Fernbrook Capital Management LLC, 300 Park Avenue, 2nd Floor, New York, NY 10022, or email@example.com. Once we have received notification that you have withdrawn your consent, we will no longer process your personal data for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
This version was last updated in July 2023