Edwards Capital, LLC d/b/a Flexpoint Ford, LLC and our affiliates (“Flexpoint,” “our,” “us” or “we”). We collect and process Personal Data (defined below) about you from your use of this website (the “Website”) and through other means, such as by contacting us directly by phone or email or more generally in the course of operating our business.
This Notice (the “Privacy Notice”), which is supplemented by the California Website Privacy Notice, the EU-UK Privacy Notice and the Cayman Privacy Notice (each, a “Jurisdiction-specific Notice”) explains how we gather, collect and use your Personal Data, and how you can assert your rights in accordance with applicable data protection laws. This Privacy Notice and the Jurisdiction-specific Notices do not address our privacy practices with respect to or any processing of any Personal Data by or on behalf of Flexpoint that is covered by a more specific privacy notice, including Personal Data we may collect from an investor in the funds that we sponsor or manage. Please read this Privacy Notice carefully.
Visitors to this Website that are residents of California should refer to our California Website Privacy Notice supplement.
Visitors to this Website that are based in the United Kingdom, the European Union or the European Economic Area should refer to our EU-UK Privacy Notice, which supplements this Privacy Notice and provides additional information in respect of rights that you may have under EU-UK Privacy Laws (as defined in the EU-UK Privacy Notice).
Visitors to this Website that invest in our Cayman Islands funds should also refer to our Cayman Privacy Notice.
By entering and using this Website, you acknowledge your acceptance of, and agree to be bound by, our Terms of Use and all additional terms incorporated by reference herein.
“Personal Data” is any information relating to you or that we can otherwise link to you or your household. The Personal Data we collect on this website may include your name, email address, residential address, IP address, telephone number and other contact information. Some of this information we will only have access to if you provide it to us.
We may collect your Personal Data from the following sources:
To the extent that you provide us with any Personal Data through or in connection with this Website, we will use your Personal Data for one or more of the following business or commercial purposes:
Additionally, we may use your personal information to keep you informed of our products and services, if you have provided your consent to us doing so, or where we have an existing relationship with you and we wish to contact you about products and services similar to those which we provide you, in which you may be interested. You may opt-in to certain kinds of marketing, or all forms of marketing at any time, by contacting us and you may unsubscribe to receiving emails by clicking on the “opt-out” or “unsubscribe” link provided in all our marketing emails.
| Purpose | Legal Basis (Relevant to the EU-UK and Cayman Islands Privacy Notices) |
|---|---|
| To perform for or provide services or products to you, including but not limited to the administrative processes (and related communication) in connection with an investment and otherwise perform our contractual obligations that you have requested or agreed with us, including responding to your enquires and requests and providing you support. | Contractual necessity; and/or our legitimate interest in operating our business |
| To create, maintain, customize, and secure your account with us. | Contractual necessity |
| To provide, support, personalize, develop and improve our Website and the products and services that we offer and notify you about changes to our products and services. | Legitimate interest in operating our business; and/or consent |
| To provide you with support and to communicate with you, including responding to requests for information submitted by you through our Website. | Contractual necessity; and/ or our legitimate interest in operating our business; and/or consent |
| To verify your identity (including to conduct anti-money laundering or KYC checks and to enable you to access our offices) or to evaluate a potential investor, business partner or supplier). | Legal requirement; and/or our legitimate interest in operating our business |
| To protect against identity and prevent fraud, abuse, money-laundering, cyber-attacks, theft of our property, other threats to the safety, security and integrity of our Site, investor portals, products and services, databases, technology assets or our business and other malicious, or unlawful activity. | Legal requirement; and/ or our legitimate interest in operating our business and our Website |
| To communicate with service providers and vendors. | Contractual necessity |
| To research investment opportunities. | Legitimate interest in operating our business |
| To provide you with information about Flexpoint and/or our investment funds. | Legitimate interest in operating our business; and/or consent |
| To conduct conflict checks. | Legal requirement |
| To provide advertising and marketing services. | Legitimate interest in operating our business; and/or consent |
| Litigation management and conducting internal audits and investigations. | Legal requirement; and/ or our legitimate interest in operating our business |
| To keep a record of your relationship with us. | Contractual necessity; and/ or our legitimate interest in operating our business; and/or legal requirement |
| To manage our investments. | Legitimate interest in operating our business |
| To conduct ongoing operations, administrative, accounting, reporting, account maintenance and other processes. | Legal requirement; and/ or our legitimate interest in operating our business. |
| To keep investors informed about the business of the general partner or managing member of the applicable investment vehicle and its affiliates generally, including investor notices and reporting. | Legitimate interest in operating our business; and/or consent |
| To audit and verify the quality and effectiveness of our services and compliance. | Legitimate interest in operating our business; and/or legal requirement |
| To maintain the safety, security and integrity of our Website, products and services, databases, technology assets and business, including to detect security incidents and to protect against malicious, deceptive, fraudulent, or illegal activity. | Legal requirement; and/ or our legitimate interest in operating our business and our Website |
| As needed to comply with U.S., state, local and non-U.S. laws, rules and regulations, including responding to law enforcement requests and as required by applicable law, court order or government regulations. | Legal requirement; our legitimate interest in operating our business; and/or consent. |
| To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred. | Legitimate interest in operating our business; contractual necessity; and/ or legal requirement |
| To consider job candidates for our existing and potential recruitment needs and those of our portfolio companies whether in respect of permanent roles or temporary assignments. | Legitimate interest in operating our business; and/or consent |
| For any other purpose that has been notified, or has been agreed, in writing. | Consent |
No automated decision-making, including profiling, is used when processing your personal information.
You are not required to submit information to us through this Website. For our service providers, vendors, investors and other contacts, it is necessary to provide some Personal Data in order for us to do business with you. If you refuse to provide Personal Data, you may not receive an optimized experience visiting our Website and/ or we may be unable to properly communication with you in response to an enquiry.
We will not share your Personal Data with third parties except as permitted or required by law or regulation and to affiliates and service providers, including in the context of those third parties acting as data processors on our behalf and with whom we have a need to share such information. For example, we may use a customer relationship management software platform to organize our business contacts, and your Personal Data may reside on that software. Where relevant, we will ensure that contractual safeguards are implemented with these third-party data processors to ensure the protection of your Personal Data.
Flexpoint does not sell or transfer Personal Data to affiliates or third parties for value and does not intend to do so in the future. Flexpoint will not disclose any Personal Data about you to anyone, except as permitted or required by law or regulation and to service providers. We will amend this Privacy Notice promptly upon any changes to this policy.
Unfortunately, the transmission of information and data via the internet is not completely secure. Although we make an effort to protect your personal data, we cannot guarantee the security of any information or data transmitted to or through our Website; any transmission of information or data by you to or through the Website is at your sole risk.
Your Personal Data will be retained for as long as you are one of our business contacts, or longer as required by applicable law. Your Personal Data may be deleted when it is no longer relevant or when you withdraw consent (pursuant to the rights detailed directly below which may be exercised by using the contact information contained at the end of this Privacy Notice), again within the parameters of applicable law. If we send you emails and/or market to you, you may unsubscribe at any time from communications from us, and we will cease sending you further communications.
Information regarding how you access this Website (e.g., browser type, access times and IP address) and your hardware and software is automatically collected through the use of cookies (a small text file placed on your hard drive) or other technologies or tools. This information is used to improve website performance and for our business purposes. Where cookies are not necessary for us to provide the products or services you have requested or for the functioning of this Website, we will ask you to consent to their use. You may opt-in to accept cookies automatically by changing the settings on your browser. Most of these features, when turned on, send a signal or preference (the “DNT Signal”) to websites you visit instructing them not to place cookies on the device running that browser. Our Website is able to respond to such instructions.For more information about how to do this, please visit your browser ‘help’ section or visit www.aboutcookies.org and www.youronlinechoices.eu, which contains comprehensive information about types of cookies, how they are used and how you manage your cookie preferences.
Our Website uses the cookies listed below:
| Cookie | Cookie Consent |
| Name | cookieconsent_status |
| Duration | Cookie expires after 7 days |
| Type/Purpose | Functional |
| More Information | A cookie to remember that a user has accepted the cookie disclaimer when the website first loads. |
Flexpoint has implemented appropriate procedural and technical security measures to help protect your Personal Data against loss and to safeguard your Personal Data against access by unauthorized persons. We consider the protection of sensitive information to be a sound business practice and a top priority, and to that end, we employ physical, electronic, and procedural safeguards to protect your Personal Data. Although we employ certain safeguards to protect your Personal Data, we cannot guarantee the security of any information or data transmitted to or through our site; any transmission of information or data by you to or through this Website is at your sole risk.
If you would like to request more information regarding the procedural and technical safeguards we have in place, please contact us at the email address below.
Depending on the applicable law, Flexpoint may be required to notify you or the appropriate authority in the event of a breach. Various jurisdictions that have enacted data protection laws may require different procedures in the event of a breach of your Personal Data, including with regard to a notification to certain regulators or agencies and the data subject, in each case and in the event of such a breach to your Personal Data, we will follow the laws of the applicable jurisdiction.
This Website and the services offered by Flexpoint are not intended for minors and Flexpoint does not knowingly collect Personal Data relating to minors and in the event of any inadvertent collection of Personal Data related to a minor, Flexpoint expects to delete such Personal Data upon notice, but in any event, will comply with any provision of applicable data protection laws. The determination of whether an individual is a minor varies by jurisdiction, and maybe as low as 13 years of age in some jurisdictions; however, Flexpoint has determined to extend the protection afforded to minors to individuals less than 18 years of age.
This Privacy Notice was updated in July 2024. We reserve the right to amend this Privacy Notice from time to time and for any reason, in our sole discretion, without notice, by updating this Privacy Notice. Future changes to this Privacy Notice will similarly be posted to this Website; however, we will use the information only in accordance with the Privacy Notice under which the information was collected. Accordingly, users are strongly encouraged to review our Privacy Notice regularly. If we decide to change our Privacy Notice, we will post those changes so our users are always aware of what information we collect, how we use it and under what circumstances, if any, we disclose it. If at any point we decide to collect Personal Data or use any collected information in a manner different from that stated at the time it was collected, we will notify users by posting changes on this page. We will use information only in accordance with the Privacy Notice under which the information was collected. Please check this page frequently and review any changes to this Privacy Notice carefully so you are aware of any changes, as they are binding on you.
The provisions in our Terms of Use are hereby incorporated by reference.
If you have any questions about how we process your Personal Data or to make a request regarding such Personal Data pursuant to one of the rights enumerated above, please contact us by email at info@flexpointford.com, through our website Contact Form or call our toll-free number at 1-833-243-6020. We may require additional information prior to completing any such request, but will in any case respond in a timely manner to any request, including, if necessary, a response notifying you that additional time is required to complete such request.
Date Last Updated: July 2024
This California Website Privacy Notice supplements the Website Privacy Notice with respect to specific rights granted under the California Consumer Privacy Act of 2018, as amended (the “CCPA”) to natural person California residents and provides information regarding how such California residents can exercise their rights under the CCPA. This supplement is only relevant to you if you are a resident of California as determined in accordance with the CCPA. Information required to be disclosed to California residents under the CCPA regarding the collection of their personal information that is not set forth in this CCPA supplement is otherwise set forth in the Website Privacy Notice. To the extent there is any conflict with the privacy requirements under the Gramm-Leach-Bliley Act and/or Regulation S-P (“GLB Rights”), GLB Rights shall apply.
This California Website Privacy Notice applies solely to your interactions with us through our Website (as defined below). If you provide personal information to use through another means (e.g., as an investor or an employee seeking employment) you will receive a separate privacy notice and that notice will govern that personal information.
We collect limited types of personal information through our website and investor reporting portals,as well as through other electronic communications (e.g., emails), as applicable (collectively, the “Website”). The types of personal information we collect about you depends on the nature of your interaction with us. The categories of personal information we have collected from individuals on this Website over the last twelve (12) months include the following:
| Category | Examples | Collected |
|---|---|---|
| A. Identifiers | Name, contact details and address (including physical address, email address and Internet Protocol address), and other identification (including social security number, passport number and driver’s license or state identification card number). | YES |
| B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) | Telephone number, signature, bank account number, other financial information (including accounts and transactions with other institutions and anti-money laundering information), and verification documentation and information regarding investors’ status under various laws and regulations (including social security number, tax status, income and assets). | YES |
| C. Protected classification characteristics under California or federal law | Date of birth, citizenship and birthplace. | NO |
| D. Commercial information | Account data and other information contained in any document provided by investors to authorized service providers (whether directly or indirectly), risk tolerance, transaction history, investment experience and investment activity, information regarding a potential and/or actual investment in the applicable fund(s), including ownership percentage, capital investment, income and losses, source of funds used to make the investment in the applicable fund(s). | NO |
| E. Biometric information | Imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns and voice recordings or keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contains identifying information. | NO |
| F. Internet or other similar network activity | Use of our Website, fund data room and investor reporting portal (e.g., cookies, browsing history and/or search history), as well as information you provide to us when you correspond with us in relation to inquiries | YES |
| G. Geolocation data | Physical location or movements. | NO |
| H. Sensory data | Audio, electronic, visual, thermal, olfactory, or similar information. | NO |
| I. Professional or employment-related information | Current or past job history or performance evaluations. | NO |
| J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) | Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | NO |
| K. Inferences drawn from other personal information | Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | NO |
| L. Sensitive Personal Information (see further information on use of sensitive personal information below) | Social security, driver’s license, state identification card, or passport numbers; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin; religious or philosophical beliefs; union membership; genetic data; the contents of a consumer’s mail and text messages unless you are the intended recipient of the communication; email communications; biometric information for the purpose of uniquely identifying a consumer; and personal information collected and analyzed concerning a consumer’s health, sex life, or sexual orientation. | YES, as to the following types of information: account log-in, financial account in combination with any required security or access code password, or credentials allowing access to an account only. |
We do not knowingly collect or solicit personal information from anyone under the age of 18.
We do not collect or use sensitive personal information other than:
In connection with forming and operating our Website, we collect and maintain your non-public personal information as listed in the section of the Privacy Notice titled, “How do we collect Personal Data?”
In connection with forming and operating our Website, we use your non-public PII as listed in the section of the Privacy Notice titled, “How do we use your Personal Data?”
We retain the categories of personal information set forth above in “What information do we collect about you?” section of this California Website Notice only as long as is reasonably necessary for those purposes set forth in the Privacy Notice titled, “How do we use your Personal Data?”, except as may be required under applicable law, court order or government regulations.
We do not share (i.e., disclose to a third party for the purpose of cross-context behavioral advertising) or sell (as such terms are defined in the CCPA) any of the personal information we collect about you to third parties.
Within the last twelve (12) months, we have disclosed personal information collected in connection with this Website for a business purpose to the categories of third parties indicated in the chart below. We may also disclose your information to other parties as may be required by law or regulation, or in response to regulatory inquiries.
| Personal Information Category | Category of Third-Party Recipients |
|---|---|
| A. Identifiers | Administrators, lenders, banks, auditors, law firms, governmental agencies or pursuant to legal process, self-regulatory organizations, consultants and placement agents. |
| B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) | Administrators, lenders, banks, auditors, law firms, governmental agencies or pursuant to legal process, self-regulatory organizations, consultants and placement agents. |
| C. Protected classification characteristics under California or federal law | N/A |
| D. Commercial information | N/A |
| E. Biometric information | N/A |
| F. Internet or other similar network activity | Administrators, law firms, governmental agencies or pursuant to legal process, consultants and placement agents. |
| G. Geolocation data | N/A |
| H. Sensory data | N/A |
| I. Professional or employment-related information | N/A |
| J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) | N/A |
| K. Inferences drawn from other personal information | N/A |
| L. Sensitive Personal Information | Administrators, law firms, governmental agencies or pursuant to legal process, consultants and placement agents. |
We consider the protection of personal information to be a sound business practice, and to that end we employ appropriate organizational, physical, technical and procedural safeguards, which seek to protect your personal information in our possession or under our control to the extent possible from unauthorized access and improper use.
Deletion Rights: You have the right to request that we delete any of your personal information that we retain, subject to certain exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations. We will notify you in writing if we cannot comply with a specific request and provide an explanation of the reasons.
Disclosure and Access Rights: You have the right to request that we disclose to you certain information regarding our collection, use, disclosure and sale of personal information specific to you. Such information includes:
Correction Right: You have the right to request that we correct any inaccuracies in the personal information that we retain, subject to certain statutory exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations. We will notify you in writing if we cannot comply with a specific request and provide an explanation of the reasons.
No Discrimination: We will not discriminate against you for exercising your rights under the CCPA, including by denying service, suggesting that you will receive, or charging, different rates for services or suggesting that you will receive, or providing, a different level or quality of service to you.
How to Exercise Your Rights: To exercise any of your rights under the CCPA, or to access this notice in an alternative format, please submit a request on your behalf using any of the methods set forth in the Contact us section below.
For any requests relating to the exercise of your rights under the CCPA, or questions regarding our processing of your personal information, please submit or have your authorized representative submit a request using any of the methods set forth below.
Call us using the following toll-free number: 1-833-243-6020.
Submit a request online using the following online form: CONTACT US form.
Email us at the following email address: info@flexpointford.com.
We will contact you to confirm receipt of your request under the CCPA and request any additional information necessary to verify your request. We verify requests by matching information provided in connection with your request to information contained in our records. Depending on the sensitivity of the request and the varying levels of risk in responding to such requests (for example, the risk of responding to fraudulent or malicious requests), we may request further information or your investor portal access credentials, if applicable, in order to verify your request. You may designate an authorized agent to make a request under the CCPA on your behalf, provided that you provide a signed agreement verifying such authorized agent’s authority to make requests on your behalf, and we may verify such authorized person’s identity using the procedures above. If we request you verify your request and we do not receive your response, we will pause processing your request until such verification is received
Please contact Mark Barham, Chief Compliance Officer of Flexpoint, at mbarham@flexpointford.com with any questions about this California Website Privacy Notice.
Date Last Updated: July 2024
This EU-UK Privacy Notice supplements the Privacy Notice and applies only if our collection, or your provision, of Personal Data under this EU-UK Privacy Notice is subject to the EU-UK Privacy Laws (as defined below).
For the purposes of applicable EU and UK data protection laws, including the General Data Protection Regulation (EU) 2016/679 (the “EU GDPR”), the UK equivalent of the EU GDPR (the “UK GDPR”) and the Data Protection Act 2018 (collectively, the “EU-UK Privacy Laws”), Flexpoint and its affiliated general partners and managing members will each be a “controller” of any Personal Data collected by or provided to us. If you have any questions regarding our use of your Personal Data, or this EU-UK Privacy Notice, please contact us at info@flexpointford.com.
You do not need to take any action as a result of this EU-UK Privacy Notice, but you do have certain rights as described below in the “Your rights” section, below.
We rely on various legal bases under EU-UK Privacy Laws in order to process your Personal Data, depending on the purposes for which we use your Personal Data. These legal bases are listed against the relevant purpose in the section of the Privacy Notice titled, “How do we use your Personal Data?”. We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.
If we require your Personal Data 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. Failure to provide this information may mean that we cannot provide our services or products to you. If you refuse to provide other types of Personal Data, you may not receive an optimized experience visiting our Website and/or we may be unable to properly communicate you in response to any enquiry.
To the extent your Personal Data is transferred to countries outside of the EEA or UK, such transfers will only be made in accordance with the EU-UK Privacy Laws. For further information about the safeguards/derogations used, please contact us at info@flexpointford.com.
You have the right to access the Personal Data we hold about you, and there are a number of ways you can control the way in which and what Personal Data we store and process about you. To exercise these rights and controls, please contact Mark Barham, Chief Compliance Officer of Flexpoint, at mbarham@flexpointford.com.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (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 have any questions or concerns about this EU-UK Privacy Notice, please contact Mark Barham, Chief Compliance Officer of Flexpoint, at mbarham@flexpointford.com.
Should you wish to lodge a complaint with regards to how your Personal Data has been processed by us under the EU-UK Privacy Laws, please in the first instance contact us at info@flexpointford.com. Alternatively, if we are unable to resolve your complaint, you can lodge a complaint under:
Date Last Updated: July 2024
This Cayman Privacy Notice supplements the Website Privacy Notice and applies only if our collection, or your provision, of Personal Data under this Cayman Privacy Notice is subject to privacy and data protection laws of the Cayman Islands. It summarizes certain rights available to data subjects under such laws.
Cayman Islands Data Protection Act (As Revised)