Hal-mar investment LLC (“FLAT99INVEST”) is aware of the trust you
place
in us and our
responsibility to protect
your privacy. This privacy policy and agreement (our “Privacy Policy”) specifies the personal information that
we
ask you to provide in order to participate in the Services we offer and governs how we treat this personal
information. We operate our Website at www.flat99invest.com (“Website”) and offer our Services pursuant to the
statutes and regulations that apply to this Website with respect to the Services provided through this Website
(“Applicable Law”).
PLEASE READ THIS PRIVACY POLICY CAREFULLY. YOUR CONSENT TO THE TERMS OF THIS PRIVACY POLICY CREATES LEGAL
OBLIGATIONS
FOR YOU AND FOR US. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE OUR WEBSITE.
You indicate your consent to the terms of this Privacy Policy in various ways, depending on your use of the
services
offered by the Website. By accessing and using the Website as a Website visitor, you are acknowledging that you
have
read and understood this Privacy Policy and agree to be legally bound by it. If you register as an Investor on
our
Website, during the registration process you will be asked to confirm that you have reviewed this Privacy Policy
and
that you agree to its terms. Such confirmation constitutes your agreement to be bound by this Privacy Policy.
You
are
permitted to register only in your capacity as an individual, and we do not allow Investors to register on
behalf
of a
group or organization.
Information you may provide while visiting our Website or while participating in our Services falls into two
broad
categories: (i) Personally Identifiable Information, and (ii) Anonymous Information. “Personally Identifiable
Information” means any information that could reasonably be used to identify you, including your name, address,
e-mail
address, birth date, financial information, cell or land-line phone number, or any combination of information
that
could
be used to identify you. “Anonymous Information” is information that does not identify you and may include
statistical
information concerning, for example, your use of our Services or the pages on our Website that you visit most
frequently. Please keep in mind that our Privacy Policy does not govern information you choose to share with
other
Users, as we have no direct control over the collection or use of this information. Please use appropriate
precautions
in sharing your information with other Users.
A User of our Website who is not an Investor may review selected information about the services offered by our
Website
without revealing his or her identity or providing any Personally Identifiable Information. It is only when a
User
wishes to become an Investor and participate in the Investor-only accessed portions of the Website and utilize
investment tools that a User is required to provide Personally Identifiable Information. Investors who wish to
invest in
the investment opportunities (“Investment Opportunities”) presented on our Website must provide additional
Personally
Identifiable Information as described below.
We obtain Personally Identifiable Information from those persons who
have signed up
to participate as an Investor
through the Website. In order to access our services as an Investor, you must complete a registration form which
specifies the information you must provide in order to enjoy the particular features to which you wish to
subscribe. The
information required may include such items as name; email address; cell and land-line phone number; mailing
address;
social security number (for IRS tax reporting purposes); and birth date (for COPPA and eligibility purposes)
(collectively “Contact Information”). Our registration forms may additionally request information which you may,
at your
option, choose to provide or withhold. To the extent this additional information constitutes Personally
Identifiable
Information, we will treat it in the manner specified in this Privacy Policy. To qualify to invest in
Investment
Opportunities presented on our Website, you must be an Accredited Investor and provide identity verification
information
and Investor financial information described below.
Identity Verification Information. Each Investor must provide information designed to verify his or her
identity.
Such
information may include (i) information from a successfully completed electronic check transaction, (ii) a
credit
report, (iii) tax documents or (iv) other similar information designed to authenticate and confirm your identity
and
status as an Accredited Investor or a Non-U.S. Person.
Investors must also provide other information sufficient to meet regulatory “suitability” requirements for investing in an Investment Opportunity presented on our Website. Depending on the nature of the offering, this information will include: (i) information concerning an Investor’s net worth and income; (ii) information concerning his or her residency; and (iii) other information we might request to determine whether an Investor qualifies for a particular investment.
In order to make an investment through our Website, an Investor must provide us with certain account and other payment information, such as information needed to make payment via electronic checks, ACH or wire. Our registration process for Investors provides additional details on the types of Payment Information needed.
We use your Personally Identifiable Information to process your
transactions and facilitate your activities with respect
to our Website as set out herein. We do not disclose your Personally Identifiable Information to third parties
without
your express consent except in the specific circumstances identified in “Third Party Access to Personally
Identifiable
Information” below.
We will provide Investors with certain materials, including formal notices from regulators, and other
information
in
order to comply with Applicable Law. We will use your Contact Information for these purposes. Where necessary to
comply
with Applicable Law, we will also use Investor Financial Information for these purposes. Investors cannot
opt-out
of
this use of information.
We use the Personally Identifiable Information you provide to process transactions that you have authorized us
to
undertake and to provide you with the Services you have requested. Investors cannot opt-out of this use of
information.
In order to communicate with you and to confirm (where necessary) whether you are eligible for a transaction, we
will
rely on an Investor’s Contact Information and, where applicable, on his or her Investor Financial Information.
We use your Personally Identifiable Information in the operation of our Website and to comply with Applicable
Law.
You
cannot participate in our Website if you seek to opt-out of these uses of your Information.
Our Website may offer a forum for online discussion and participation in which Investors may choose to
participate. When
we or a User participates in the Website, the participant will use Contact Information you have provided for
purposes of
your inclusion in the Website. Any Content (as defined in Terms of Use) you contribute to the Website becomes
public on
your transmittal of the information, and any Personally Identifiable Information you disclose becomes available
to
the
other participants in the discussion. Our Privacy Policy does not cover the information you disclose in such
online
discussions on our Website. You should use discretion in what you submit to these Websites. You are entitled to
opt-out
of these uses of information. Periodically, we may send you materials for informational purposes, such as
notices
of
investment opportunities through our Website. Such informal information may take a range of forms, including
email,
newsletters, or automatic notices generated by our Website. You are entitled to opt-out from receiving this
informal
information.
Periodically, we may choose to send news, bulletins, marketing materials, or other information to Investors, and
will
use Personally Identifiable Information to send such communications. If we choose to undertake such
communications, you
will have the ability to opt-out of receiving these communications. Our Users may provide feedback to us about
our
Website and our Services. You are free to choose whether you participate in these activities. We may ask that,
in
addition to providing your responses, you also provide Contact Information. In these instances, we use any
Personally
Identifiable Information you choose provide to us in connection with these activities strictly for the purposes
for
which you submit the information. We will provide Investors with certain materials, including formal notices
from
regulators, and other information in order to comply with Applicable Law. We will use your Contact Information
for
these
purposes. Where necessary to comply with Applicable Law, we will also use Investor Financial Information for
these
purposes. Investors cannot opt-out of this use of information.
We have security systems in place designed to prevent unauthorized access to or disclosure of Personally Identifiable Information, and we take all reasonable steps to secure and safeguard this Information, including:
Our Website’s password-protected section requires Users to give us unique identifiers such as their user name and password;
We employ a secure channel using Secure Sockets Layer encryption to protect information exchanged over the Internet between your web browser and our servers;
Our employees are required to acknowledge that they understand and will abide by this Privacy Policy with respect to the confidentiality of Personally Identifiable Information;
We provide access to our databases containing Personally Identifiable Information on a need-to-know basis only; and
We use automated tools to monitor network traffic to identify unauthorized attempts to upload information, change information or otherwise seek to “hack into” our systems.
We recognize the sensitivity of information provided in response to our Investor Qualifying Questions and take the following additional precautions with respect to such information:
We store investor questionnaire information that we receive on a secure system isolated from direct connection to the Internet.
We encrypt investor questionnaire Information (including account and social security number information) using the same encryption standard used by banks to secure sensitive customer data.
Our security systems are structured to deter and prevent hackers and others from accessing information you provide to us. We make no warranty that our security systems are fail proof. Due to the nature of Internet communications and evolving technologies, we cannot provide and we disclaim assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access
Applicable Law places certain obligations on Investors to keep information
current, including, for example, Form W-9
Information. It is particularly important for you to keep your Investor Financial Information current and to
report to
us any material change in this Information. We use this information to provide you with investment opportunities
and
financial distributions due to you as an equity owner of an Investment Opportunity in which you have invested
through
our Website. Without current information, you receive information in error or that you are not eligible to
receive
or
act on. To allow appropriate control over Personally Identifiable Information, you can access your account
(after
supplying your user name and password) to change or update discretionary information that you have previously
submitted.
You are entitled to decline to participate in certain Services and to decline to give us permission (or to
revoke
that
permission in your discretion) to use your Personally Identifiable Information for certain purposes. We provide
you with
the ability to opt-out of receiving communications concerning, or being included in, these activities. To
opt-out
of
Services for which an opt-out right is available, please email us at info@flat99invest.com.
We can also answer questions or assist if you contact us as provided herein. You will not be allowed to opt–out
of
required notices or other legal and related notices concerning your relationship to the Website. If you request,
we will
remove your name and all other Personally Identifiable Information from our databases. It may be impossible to
remove
this information completely, due to IRS and regulatory reporting requirements, ownership in a Investment
Opportunity in
which you have invested through our Website and the rights thereof, data backups and records of deletions. If
you
request deletion of your information, you will be unable to use certain features of the Website and any
associated
Services. You may not remove de-identified, anonymous, or aggregate data from our databases.
We may need to share your Personally Identifiable Information with Service Providers. We will share with our Service Providers only that information necessary for them to perform their functions, and we require them to commit to refrain from using your Personally Identifiable Information for any other purpose. We may reveal your Personally Identifiable Information to attorneys, private investigator organizations or law enforcement agencies if we believe (i) that you are in risk of harm from another, (ii) that you are harming or interfering (or will harm or interfere) with others, or (iii) that you are violating (either intentionally or unintentionally) our Terms or are otherwise violating legal rights. We will take all reasonable steps to disclose only so much of this Information as is necessary, limiting the disclosure, for example (and where applicable), to Contact Information only. We will reveal your Personally Identifiable Information to the extent we reasonably believe we are required to do so by Applicable Law. If we receive legal process calling for the disclosure of your Personally Identifiable Information, we will attempt to notify you at the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted. We are entitled to transfer to a third party information we collect, including any Personally Identifiable Information, in connection with a sale of all or substantially all of our assets, provided the acquiring third party has agreed to safeguard your Personally Identifiable Information with protections that in all material respects are the same as, or more protective than, those set out in this Privacy Policy.
We use Anonymous Information to analyze the effectiveness of our Website, to
improve our Services and for other similar
purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses
of
the
general behavior and characteristics of Users participating in our Services and the characteristics of visitors
to
our
Website and may share Anonymous Information with third parties, including advertisers. Anonymous Information
provided to
third parties will not allow anyone to identify you or determine anything personal about you. We may collect
Anonymous
Information through features of the software that supports our Services, through cookies, and through other
means.
We
may automatically receive and record information in our server logs from your browser, including your IP address
(the
Internet address of your computer), your computer’s name, the type and version of your web browser, referrer
addresses,
and other generally-accepted log information. We may also record page views and other general statistical and
tracking
information, which will be aggregated with that of other Users in order to understand how our Website is being
used, and
for security and monitoring purposes. None of this data contains Personally Identifiable Information. A cookie
is
a
small amount of data, often including an anonymous unique identifier, which is sent to your browser from a
Website’s
computers and stored on your computer’s hard drive. Cookies can be used to provide you with a tailored user
experience
and to make it easier for you to use a Website upon a future visit. We may include cookies on our Website and
use
them
to recognize you when you return to our Website. You may set your browser so that it does not accept cookies.
However,
cookies must be enabled on your web browser if you wish to access certain personalized features of our Services.
We may
compile records of visits with respect to certain pages or information that are available on our Website. We
might
also
compile information and other metrics concerning Investors’ interactions with respect to our Services and other
features
of our Website. We might compile Website metrics of a page of interest or other data. Such records do not
contain
any
Personally Identifiable Information, and all such data and information is subject to our Privacy Policy. We may
use
“pixel tags” to tell us what parts of our Website have been visited or to measure the effectiveness of searches
Users
perform on our Website. Pixel tags also enable us to send email messages in a format Users can read, and they
inform us
whether emails have been opened, to help ensure that our messages are of interest to our Investors. None of this
data
includes Personally Identifiable Information, and you can “opt-out” of receiving these types of emails from us.
If
any
Personally Identifiable Information is collected using such tools, it will be subject to the terms of this
Privacy
Policy. Our Services may include the use of ad banner partners for the serving and/or targeting of ads,
promotions, and
other marketing messages. These ads may be provided, in some cases, by a third party ad service provider or
advertiser.
These advertisers may use traditional banner ads, or other advertising methods, such as advertising using
profiles
and
related Content. An advertiser may place or utilize its own cookie on your browser and may use Anonymous
Information
about your visit to our Website, such as the number of times you have viewed the ad. If the advertiser requests
that you
provide to it Personally Identifiable Information, such advertiser’s use and collection of such information will
be
governed by its own privacy policy, and not our Privacy Policy. We recommend that you review the advertiser’s
privacy
policy before providing Personally Identifiable Information. In order to determine whether your computer is
supported by
our system, we may collect certain Anonymous Information. This information includes, but may not be limited to,
your
operating system and browser, as well as the presence of any software that our Website may require to operate
with
your
computer, or other third party software on your computer. This information is kept strictly confidential and is
not
shared with third parties, except as provided herein.
Anonymous Information Linked With Your Personally Identifiable Information Is Protected As “Personally
Identifiable
Information”
To enable us to better understand the characteristics of our Investors and/or to provide Services tailored to
your
needs, we may link (i) the Personally Identifiable Information an Investor provides with (ii) Anonymous
Information. If
we combine or link any Anonymous Information or other information with your Personally Identifiable Information,
the
resulting combination will be treated and protected as Personally Identifiable Information under this Privacy
Policy.
If we detect, despite the safeguards set out above, an intrusion or other unauthorized access to or use of Personally Identifiable Information, we will (i) notify affected Users of the intrusion if we determine that the information at issue is sensitive; (ii) deliver this notice by the means we deem most efficient under the circumstances (such as, for example, first class mail or email); (iii) use contact information for each affected User in our files; and (iv) use commercially reasonable efforts to accomplish these steps and effect this notice in a timely manner. To the extent Applicable Law requires steps in addition to those specified above, we will under all circumstances comply with Applicable Law.
Due to federal law (as reflected in the Children’s Online Privacy Protection Act), WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW ARE UNDER 18 TO PARTICIPATE IN OUR WEBSITE OR SERVICES. YOU MUST BE AT LEAST 18 YEARS OLD TO USE OUR WEBSITE AND SERVICES.
From time to time, we may change our Privacy Policy. If we make any changes regarding disclosure of Personally Identifiable Information to third parties, we will attempt to contact you prior to the date the modified policy is scheduled to take effect. We will post a notice of the new Privacy Policy at the privacy link on our Website. With respect to Website visitors, your use of our Website following any such change constitutes your agreement to follow and be bound by the Privacy Policy, as changed. With respect to Investors, no such changes will take effect unless and until you have provided us with your consent to such changes in accordance with “Your Consent” above.
This Privacy Policy must be read in conjunction with our Terms of Use, and the provisions of our Terms of Use are incorporated herein. To the extent the Terms of Use conflict with the terms of this Privacy Policy, the terms of this Privacy Policy will control.
California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, we will provide you with the categories of Personally Identifiable Information that we collect through the Website and the categories of third parties with whom such Personally Identifiable Information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of Personally Identifiable Information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email or standard mail to the address set out herein. When contacting us, please indicate your name, address, email address, and what Personally Identifiable Information you do not want us to share with affiliated businesses or marketing partners. The request should be labeled “California Customer Choice Notice.” Please allow 30 days for a response. There is no charge for controlling the sharing of your Personally Identifiable Information or requesting this notice.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. Other States may provide similar avenues for lodging complaints. Please check with your State’s consumer protection authority.
The table below lists the cookies we collect and what information they store.
| COOKIE name | COOKIE description |
|---|---|
| CART | The association with your shopping cart. |
| CATEGORY_INFO | Stores the category info on the page, that allows to display pages more quickly. |
| COMPARE | The items that you have in the Compare Products list. |
| CURRENCY | Your preferred currency |
| CUSTOMER | An encrypted version of your customer id with the store. |
| CUSTOMER_AUTH | An indicator if you are currently logged into the store. |
| CUSTOMER_INFO | An encrypted version of the customer group you belong to. |
| CUSTOMER_SEGMENT_IDS | Stores the Customer Segment ID |
| EXTERNAL_NO_CACHE | A flag, which indicates whether caching is disabled or not. |
| FRONTEND | You session ID on the server. |
| GUEST-VIEW | Allows guests to edit their orders. |
| LAST_CATEGORY | The last category you visited. |
| LAST_PRODUCT | The most recent product you have viewed. |
| NEWMESSAGE | Indicates whether a new message has been received. |
| NO_CACHE | Indicates whether it is allowed to use cache. |
| PERSISTENT_SHOPPING_CART | A link to information about your cart and viewing history if you have asked the Website. |
| POLL | The ID of any polls you have recently voted in. |
| POLLN | Information on what polls you have voted on. |
| RECENTLYCOMPARED | The items that you have recently compared. |
| STF | Information on products you have emailed to friends. |
| STORE | The store view or language you have selected. |
| USER_ALLOWED_SAVE_COOKIE | Indicates whether a customer allowed to use cookies. |
| VIEWED_PRODUCT_IDS | The products that you have recently viewed. |
If you have any questions about this Privacy Policy, the practices of this Website or your dealings with this Website, please contact us by email at:
info@flat99invest.comFor Investors in the European Union
We may share your personal information with business partners, sub-contractors and suppliers which provide
services to
us in order for us to fulfill our obligations under the Instrument. Personal information that we collect from
you may be
transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be
processed by
staff operating outside the EEA who work for us or for one of our suppliers, business partners or
sub-contractors. Such
staff maybe engaged in, among other things, assisting in the fulfillment of our obligations under the
Instrument, the
processing of your payment details and the provision of support services. We will take all steps reasonably
necessary to
ensure that your data is treated securely and in accordance with this privacy policy.
You have the right to access information held about you. Any access request may be subject to a fee of $10 to
meet our
costs in providing you with details of the information we hold about you. If you wish to exercise this right
please
contact us at info@flat99invest.com.
Updated October 2023