Last Updated: May 13, 2021
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SITE CONTENT AND TRADEMARKS. All of the content available on or through the Site (“Content”), including without limitation, text, written content, graphics, photographs, images, artwork, illustrations, trademarks, service marks, designs, logos, “look and feel,” audio or video clips, animations and software, and the selection and arrangement of any of the foregoing, are protected under the copyright laws, trademark laws and other intellectual property laws of the United States and other countries. As between you and Grain, the Site, and all Content, information, products and services available on or through the Site, and the hardware and software underlying the Site, is the property of Grain and its applicable affiliates, content licensors and contractors and unless otherwise expressly agreed in writing between you and Grain, may only be used for your personal, non-commercial educational purposes. None of the information contained on the Site is intended to be reproduced or redistributed in any manner. Except as expressly authorized in these Terms, you may not use, store, modify, reproduce, display, publish, distribute, transmit, sell, transfer, create derivative works of, publicly perform or otherwise exploit any Content or information available on or through the Site, in whole or in part, whether by electronic or other means, without our prior written consent. Grain’s name and logo used on the Site are service marks of Grain Management, LLC. They may not be used or displayed without our prior written consent. All other trademarks, service marks and company names and logos appearing on the Site are the property of their respective owners.
Third party recognitions described herein (the “Recognitions”) were prepared by third parties using data, including but not limited to Fund performance data gathered through surveys, databases, and other sources. Certain other award winners may have been chosen by an open “peer review system” where by readers of certain publications were invited to elect a “best in class” in a series of categories via online survey, and nominated firms and their affiliates may not be excluded from voting for themselves in the process. Award nominees for certain awards may be required to apply for nomination, which may include a participation fee.
The Recognitions do not include information on all applicable Funds available for investment or all vintages of such Funds and therefore are necessarily incomplete. In particular, the Recognitions do not include the results of Funds that do not meet the specified investment strategy or other specified criteria, or that were raised prior to or subsequent to the cut-off dates specified in the criteria for such Recognitions. Inclusion of such Funds could materially affect the relative positioning of the private equity firms shown in the Recognitions. In addition, the Recognitions make certain assumptions and weightings, and other assumptions or weightings could lead to materially different results. Because the methodologies of the Recognitions are proprietary, it is not possible to assess the universe of private funds included, including an assessment of whether such funds have investment programs or risk/return profiles similar to that of the funds managed by such firm. Use of other methodologies might lead to a private equity fund or firm being ranked in a materially different position. In addition, any Recognition that represents an aggregate performance of any private equity firm’s funds, including but not limited to the Recognitions shown on the Site, is not necessarily indicative of any one investor’s experience. For the foregoing and other reasons, the Recognitions may not be an appropriate measure by which to assess the performance of any private equity fund.
PORTFOLIO COMPANY EXECUTIVE AND EMPLOYEE VIDEOS. Videos displayed on the Site contain the opinions of past and present Grain and portfolio company personnel. Grain makes no representation or warranty of any kind, express or implied, as to the accuracy or completeness of the information in these videos. It should not be assumed that the portfolio companies discussed in these videos were profitable or that future portfolio companies or experiences will be comparable. Past performance is not necessarily indicative, or a guarantee, of future results. Under no circumstances should these videos be construed as an offer to sell, or a solicitation to buy, any security or as opinions regarding the provision of investment advisory services by Grain. The titles as represented are a reflection of individual roles and work at the time of filming and not necessarily indicative of current or future positions. Portfolio companies as represented are a reflection of Grain’s private equity portfolio at the time of filming and not necessarily representative of Grain’s current or future private equity portfolio. Branding of Grain’s private equity portfolio companies, including logos or other brand expressions, is a representation of such companies branding at the time of filming and is not necessarily indicative of current or future branding.
PROHIBITED USES. You may only access and use the Site in compliance with these Terms. Any unauthorized access to the Site is a breach of these Terms and permission to use this Site shall terminate automatically if you breach any of the Terms.
You may not access the Site or use the information contained herein for any illegal purposes or in any manner inconsistent with these Terms. You warrant that when using this Site you will not violate or facilitate any violation of any applicable local, state, federal or international law, statute, regulation, code or ordinance, including, without limitation, regulations promulgated by or under the rules of any national or other securities exchange.
You agree not to use any automated means, including, without limitation, agents, robots, scripts or spiders, to access, monitor or copy any part of the Site, except those automated means that we have approved in advance and in writing. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute or reverse engineer any of the software or technology underlying the Site or any Content, information, products or services available on the Site. You agree not to modify the software underlying the Site in any form or manner or use modified versions thereof, including, without limitation, for the purpose of obtaining unauthorized access to the Site. In addition, without limiting the foregoing, you agree that you will not take any of the following actions:
- · access or attempt to access user account information or data not intended for you or that you are not authorized to access;
- · disrupt or interfere the Site, networks, hardware or servers or take any action that imposes or is intended to impose a disproportionately or unreasonably large load on our infrastructure;
- · forge or manipulate identifiers, headers or other data in an attempt to disguise or falsify the source or origin of any Content (as defined below) transmitted through the Site or to manipulate your presence on the Site; and
- · engage or attempt to engage in any activities prohibited by law.
Use of the Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and law-enforcement requests or requirements relating to your use of the Site. We have the right, but not the obligation, to take any of the following actions, in our sole discretion, at any time and for any reason without giving you any prior notice: (i) restrict, suspend or terminate your access to all or any part of the Site, Content or our products or services; (ii) modify, suspend or discontinue all or any part of our products or services; (ii) refuse, move or remove any Content; or (iii) adopt additional general practices, fees and policies concerning the Site, Content and the products services we provide or revise existing our general practices, fees and policies. You agree that we are not responsible and will not be liable to you or any third party for your failure to comply with these Terms.
LIMITATION OF LIABILITY; ADDITIONAL DISCLAIMERS OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GRAIN AND ITS AFFILIATES, OFFICERS, AGENTS, PARTNERS, ADVISERS, EMPLOYEES AND CONTRACTORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR THE INABILITY TO USE THE SITE, CONTENT, PRODUCTS OR SERVICES; OR RESULTING FROM ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED OR MESSAGES RECEIVED; OR ARISING OUT OF ALTERATION OR UNAUTHORIZED ACCESS TO YOUR DATA TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, USE OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are dissatisfied with the Site or Content, information, products or services available on or through the Site (or portion thereof), or with any of these Terms, your sole and exclusive remedy is to discontinue using this Site.
INDEMNIFICATION. You agree to indemnify, defend and hold Grain and all of its officers, directors, employees, representatives, agents, service providers, advisers and contractors (collectively, the “Indemnified Parties”) harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by any Indemnified Party in connection with any claims arising out of your access to, use or misuse of the Site or any Content, information, products or services available on or through the Site, or your breach or violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties, and you agree to cooperate with our defense of these claims.
The information on the Investor Portal is confidential and subject to the confidentiality provisions contained in the governing agreements to the Funds and entities to which you are a party. The information contained in the Investor Portal may not be disseminated to any third party without the express consent of Grain.
The Investor Portal may contain material non-public information regarding the Funds or portfolio companies. It is a violation of United States securities laws for a person to trade securities of an issuer while in possession of material non-public information regarding such issuer or to communicate such material non-public information to any other person.
If you have not received Credentials for the Investor Portal, you agree not to attempt to access files on the Investor Portal.
ADDITIONAL TERMS. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in full force and effect.
If we are required by applicable law or judicial order to notify you of certain events, you hereby acknowledge and agree that any such notices will be effective upon our posting them on the Site, delivering them to you via email or your otherwise becoming aware of such notices through other means. You are responsible for providing us with accurate contact information and we are not responsible for any failure to notify you due to your provision of inaccurate contact information.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Headings in these Terms are provided solely for convenience and have no legal or contractual effect.
APPLICABLE LAW. These Terms 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 that would result in the application of the law of any other state. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in Washington, DC. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
This privacy notice applies to the Internet sites of Grain Management, LLC (“Grain” or “we”, or “our” or “company”), including www.graingp.com (the “Site”). We are committed to respecting the privacy of the users of our Site. We have established and implemented this privacy notice to inform you, the user of the Site, of the type of information we collect and how we use and protect such information. Please read this privacy notice carefully.
Except where EU laws apply to the processing of your personal information, by providing your personally information to us, you signify your acceptance of this privacy notice and agree that we may collect, use and disclose your personal information as described in this privacy notice. If you do not agree to this privacy notice, please do not provide your personal details to us.
Grain reserves the right to amend this privacy notice in its sole discretion from time to time. Grain will post any changes to this privacy notice on the Site so our users are always aware of what information we collect, how we use it and under what circumstances, if any, we disclose it, and such changes shall be effective immediately upon posting. If at any point we decide to collect personal information or use any collected information in a manner different from that stated at the time it was collected, we will notify applicable users. Except where California, EU or other laws apply to the processing of your personal information, your provision of personal information after any such changes constitutes your acceptance of the new terms and conditions.
For the purposes of applicable EU laws, Grain will be a data controller of any personal data collected by us. If you have any questions regarding our use of your personal data, or this privacy notice, please contact Grain at 202.779.9055 or [email protected]. You can also submit inquiries using the Contact page of the Site.
This privacy notice generally does not address our privacy practices concerning any nonpublic personal information we collect from our investors, potential investors or employees (including prospective employees or contractors) through sources other than the Site; our practices related to nonpublic personal information we collect from our investors, potential investors or employees (including prospective employees or contractors) are addressed in separate notices.
Table of Contents
- · Information We Collect
- · How We Use Information Collected
- · Marketing
- · With Whom Do We Share the Information We Collect
- · Transfers of Personal Information Outside the EEA
- · Security
- · Minors
- · Cookies
- · Your EU Rights
- · Your California Rights
- · Questions and Comments
INFORMATION WE COLLECT
Information you provide to us.
In general, you can visit the Site without telling us who you are or revealing any information about yourself.
We collect your personal information when you decide to interact with us, including when you submit information using the contact options provided on the Site. You can also provide us with personal information via email, post and telephone. This personal information may include your name, email address, address, title, job title, position, telephone number and IP address. We may collect additional personal information about you depending on how you interact with us. See below for further information on ‘How We Use Information Collected’.
Information we collect automatically.
Grain collects certain information about your use of, and interaction with, the Site, including information about how users are directed to our Site and visitor paths through the Site (which helps us improve Site design and usefulness), unique visitors and Internet Protocol (“IP”) addresses (used to improve our level of service and the content of our Site). We also collect certain information through cookies, described below. Grain does not collect any personal data that can be used to directly identify a Site visitor, such as names, home addresses or email addresses.
Grain will process personal data collected through the Site as necessary for our legitimate business interests or other legal basis as noted below.
Information provided by third parties or publicly available sources.
We may collect personal information about you from third parties including from our affiliates, our portfolio companies, job posting websites, recruiting firms and social media sites.
Information provided under a legal obligation.
If we collect your personal information due to a legal requirement or obligation or in order to perform a contract with you, we will make you aware of this at the time we collect your personal data, and the possible consequences of you failing to provide this personal data.
HOW WE USE INFORMATION COLLECTED
If you provide us with any personal information, through or in connection with this Site (i.e., via telephone, email, or post), we may use such information for the following purposes:
|To provide you with the services or financial products you have requested, e.g., responding to any inquiry||Contractual necessity|
|For our administration, research, database development and business operation purposes.||Legitimate interest|
|To keep a record of your relationship with us.||Legitimate interest|
|To verify your identity.||Legal requirement and legitimate interest|
|To process your inquiries about employment opportunities||Legitimate interest or pre-contractual necessity|
|To conduct due diligence activities in connection with an actual or prospective corporate transaction or investment with respect to which we are a party to.||Legitimate interest.|
|Fraud and abuse prevention.||Legal requirement and legitimate interest|
|Litigation management and conducting internal audits and investigations.||Legal requirement and legitimate interest|
|To administer and protect our business and this website.||Legitimate interest.|
|To make suggestions and recommendation to you about goods and services that may be of interest to you.||Legitimate interest.|
Note that we may process your personal data on more than one basis depending on the specific purpose for which we are using your personal information.
We may send you direct marketing communications to keep you informed of our services in which you might be interested, or based on our legitimate business interests where we have an existing relationship with you and we wish to contact you about similar products or services in which you may be interested. You may opt-out to certain kinds of marketing at any time by emailing [email protected].
WITH WHOM DO WE SHARE THE INFORMATION WE COLLECT
Your personal information will be shared with and processed by:
- · our affiliates; and
- · certain service providers as necessary to fulfill the purposes set out in this privacy notice, including professional advisors, recruitment firms, consultants, and data hosting providers.
We endeavor to ensure that anyone who provides a service to, or for us, enters into an agreement with us and meets our standards for data security.
We reserve the right to disclose your personal information to third parties, including, but not limited to, law enforcement or other governmental agencies, in order to comply with law or when we believe that disclosure is necessary to enforce or protect our rights in or otherwise with respect to, or the safety of, our Site or to protect the safety or rights of other users of our Site and/or comply with a judicial proceeding, court order, request from a regulator, national security, for the purposes of public importance or any other legal or investigatory process involving us. Should we, or any of our affiliated entities, be the subject of a takeover, divestment or acquisition we may disclose your personal information to the new owner of the relevant business and their advisors.
TRANSFERS OF PERSONAL INFORMATION OUTSIDE THE EEA
Your personal information will be hosted in the U.S. and will therefore be transferred and stored outside of the European Economic Area (“EEA”). For the purpose of applicable EU laws, such third countries (including the U.S.) may not offer the same level of data protection as your country of residence. Such transfers will be made in accordance with applicable EU data privacy laws. For further information about the safeguards used, please contact [email protected].
We are committed to protecting the personal information you entrust to us. We endeavor to implement appropriate security measures and technologies to seek to ensure the security of your personal information on our systems and to ensure that it is protected to the extent possible from unauthorized access and improper use. In addition, we limit access to your personal information to those employees, agents, contractors, and other third parties who have a business need to know. They will process your personal data based on our instructions and they will be subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Notwithstanding our efforts to protect your information, no security system is completely impenetrable or error-free, so we cannot guarantee the absolute security of our databases, nor can we guarantee that information you supply to us will not be intercepted while in transit to us over the Internet. Any transmission of information or data by you to or through this Site is at your sole risk.
We will keep your personal information only for as long as is reasonably necessary for the purposes set out in this privacy notice, unless a longer retention period is required by law. We will not keep more information than we need for those purposes. For further information about how long we will keep your personal information, please contact [email protected].
This Site is only intended for individuals who are at least 18 years of age. We do not knowingly collect personal information from anyone under the age of 18 without parental consent. If a child under 18 has provided personally identifiable information to us through the Site, a parent or guardian may inform us at 202.779.9055 or [email protected], and we will use commercially reasonable efforts to delete it from our database, subject to applicable law and this privacy notice.
Necessary cookies used by the Site.
Session Cookies: We use session cookies to provide you with the services available through the Site and to use some of their features. These cookies are served by Grain and are essential for using and navigating the Site. Without these cookies, basic functions of the Site would not work. Because these cookies are strictly necessary to deliver the Site, you cannot refuse them without impacting how the Site functions. For example, when a visitor enters the Site using a mobile device, we detect the device and present the visitor with our mobile website (vs. our desktop website) for ease of navigation and content legibility.
These cookies are not essential for using and navigating the Site. However, without these cookies, certain functionality may become unavailable. You can block or delete these cookies by changing the browser settings.
Third-party cookies used by the Site.
Google Cookies: Google Ads (formerly “AdWords”) remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads. Google also recommends installing the Google Analytics Opt-out Browser Add-on: https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on cookies and the deletion of cookies, please visit: allaboutcookies.org.
Please note that if you limit the ability of the Site to set cookies, you may be unable to access certain parts of the Site and you may not be able to benefit from the full functionality of the Site.
YOUR EU RIGHTS
If you are located in the EEA or Switzerland, subject to applicable law, you may have the following rights in relation to personal information that we hold about you. To exercise these rights and controls, please contact [email protected].
- · Access: You have the right to ask for a copy of the personal information that we hold about you free of charge, however we may charge a reasonable fee, if we think that your request is excessive, to help us cover the costs of locating the information you have requested.
- · Correction: You may notify us of changes to such your personal information if it is inaccurate or it needs to be updated.
- · Deletion: If you think that we should not be holding or processing your personal information anymore, you may request that we delete it. Please note that this may not always be possible due to legal obligations.
- · Restrictions on use: You may request that we stop processing your personal information (other than storing it), if: (i) you contest the accuracy of it (until the accuracy is verified); (ii) you believe the processing is against the law; (iii) you believe that we no longer need your data for the purposes for which it was collected, but you still need your data to establish or defend a legal claim; or (iv) you object to the processing, and we are verifying whether our legitimate grounds to process your personal information, override your own rights.
- · Object: You have the right to object to processing, including: (i) for direct marketing; (ii) for research or statistical purposes; or (iii) where processing is based on legitimate interests.
- · Portability: If you wish to transfer your personal information to another organization (and certain conditions are satisfied), you may ask us to do so, and we will send it directly if we have the technical means.
- · Withdrawal of consent: If you previously gave us your consent (by a clear affirmative action) to allow us to process your personal information for a particular purpose, but you no longer wish to consent to us doing so, you can contact us to let us know that you withdraw that consent.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
If you believe that we have processed your personal information in violation of applicable law and failed to remedy such violation to your reasonable satisfaction, you may also lodge a complaint with the data protection supervisory authority in your country. You can find details for your relevant EU national data protection authority at https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.
YOUR CALIFORNIA RIGHTS
If you are a natural person who is resident in the state of California, you may have the following rights in relation to personal information that we collect about you. To exercise these rights and controls, please contact 202.779.9055, [email protected] or use the Contact page of the Site.
- · Disclosure: You have the right to request that we disclose to you, free of charge, the categories and specifics of the personal information we collect about you and/or, if applicable, disclose about you to a third party for business purposes (unless otherwise restricted). You may request the personal information up to 12 months preceding your request. Be advised that we are not required to disclose such information more than twice in as 12-month period. Note, Grain currently does not and does not in the future intend to sell any personal information collected.
- · Deletion: You have the right to request that we delete the personal information we have collected from you that is in our possession or in the possession of our service providers, unless otherwise restricted by law or regulation.
- · Verifiable Request: We require a verifiable request from you to ensure that it is, in fact, you who is requesting such a disclosure or deletion. Once we verify the request, we will provide that information to you or delete the information.
- · Non-Discrimination: We follow the requirements of California Civil Code §1798.125 and will not discriminate against any consumer who exercises the rights set forth in this privacy notice.
Currently the Site does not recognize and respond to “do not track” signals. Should this change in the future, we will inform you through an updated version of this privacy notice.
You may contact us at [email protected] and at the following mailing addresses:
1900 K Street, N.W., Suite 650, Washington, DC 20006
100 N. Washington Blvd., Sarasota, FL 34236
© 2021 Grain Management, LLC. All rights reserved.