Website Terms and Conditions & Privacy Policies

TERMS AND CONDITIONS

Welcome to www.tzpgroup.com. The information offered by TZP Management Associates, LLC and its affiliates (together, “TZP”) on this website (the “Website”) is subject to certain terms and conditions (the “Terms and Conditions”). These Terms and Conditions apply to all users. By entering the Website or by transmitting any information to the Website you acknowledge and agree to all of the Terms and Conditions. Please read them carefully. If you do not agree to the Terms and Conditions, please do not use the Website. Any use of the Website in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We reserve the right to revise this legal information at any time and for any reason, without notice or obligation, by updating this posting. Your continued use of the Website following the posting of any changes to the Terms and Conditions will mean that you accept such amendments. We strongly recommend that you periodically visit this page of the Website to review the Terms and Conditions.

COPYRIGHTS AND TRADEMARKS

TZP is the copyright owner for everything on the Website or has the permission to use the material on the Website. No portion of the Webite, including, without limitation, the text or images may be used in any manner, or for any purpose, without the prior express written permission of TZP, except as provided herein. The compilation of all content on the Website is the exclusive property of TZP and is protected by U.S. and international copyright laws. All software used on the Website is the property of TZP or its software suppliers and is protected by U.S. and international copyright laws. By entering the Website you acknowledge and agree that each name, logo, trademark, or service mark contained on the Website is owned or licensed by TZP and may not be used by you without the prior written approval of TZP. TZP will aggressively enforce its intellectual property rights to the full extent of the law. Information or images of places or people are either the property of TZP or used on the Website by TZP with permission. Your use of any such materials is prohibited unless specifically permitted by TZP. Any unauthorized use of such materials may subject you to penalties or damages, including, without limitation, those related to violation of trademarks, copyrights, privacy and publicity rights.

RESTRICTED USE OF SITE MATERIALS

TZP grants you a limited license to access and make use of the Website. For your personal use only, you may print copies of the information from the Website and you may store information from the Website on your own computer. You may not modify the Website, or any portion thereof, for any reason. Any unauthorized use terminates the permission or limited license granted by TZP. TZP reserves all other rights.

LINKING, POSTING AND TRANSMITTING

Although TZP provides the information accessible on the Website for your personal, non-commercial use, TZP retains all property rights, including, without limitation, property rights under U.S. and international copyright law, to all such information. Without the prior express written permission of TZP, you MAY NOT do any of the following: (A) hyperlink to the Website, whether to its homepage or to an interior page; (B) include information from the Website on another site, on a server computer, or in documents; (C) modify or re-use the information from the Website; or (D) transmit any commands, codes or information to the Website, with the exception of those commands necessary to view the Website. TZP reserves all other rights. Do not transmit to the Webite or to any TZP personnel, any pornographic, obscene, profane, defamatory, libelous, threatening, or unlawful material or any unsolicited commercial communications. Do not transmit to the Website or to any TZP personnel any material that could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that TZP, or other parties involved in creating, producing, or delivering the Website, may monitor or review any transmissions to the Website or to TZP personnel, TZP and such other parties assume no responsibility or liability that may arise from the content thereof, including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation. Although the Website may be linked to other sites upon permission, TZP is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the Website you acknowledge and agree that TZP has not reviewed all the sites that may be linked to the Website and is not responsible for the content of any off-site pages or any other site linked to the Website. You further acknowledge and agree that when you follow links to pages not maintained on the Website, you do so at your own risk.

DISCLAIMERS

While TZP makes all reasonable efforts to help ensure that all material on the Website is correct, accuracy cannot be guaranteed and TZP makes no warranties or representations as to the accuracy of the Website. THE WEBSITE, AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW.

LIMITATIONS ON LIABILITY

By entering the Website you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering the Website is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) that may arise, directly or indirectly, through access to the Website, use or browsing of the Website, or through your downloading of any text or images, from the Website.

TERMINATION

You acknowledge and agree that TZP may terminate your access to the Website should you fail to comply with the Terms and Conditions or any other guidelines and rules published by TZP. Any such termination shall be in TZP’s sole discretion and may occur without prior notice, or any notice. TZP further reserves the right to terminate any user’s access to the Website for any conduct that TZP, in its sole discretion, believes (A) is or may be directly or indirectly harmful to other users, to TZP or its affiliates or business contractors, or to other third parties or (B) violates any local, state, federal, or foreign laws or regulations.

INDEMNIFICATION

You agree to indemnify and hold harmless TZP, its officers, directors, affiliates and agents, as well as TZP’s licensors and other third parties with which TZP contracts, from and against any and all claims, demands, actions, costs or expenses or both, including reasonable attorney’s fees, incurred by or against such persons or entities arising out of or resulting from your use of the Website, your violations of these Terms and Conditions and/or your violation of any rights of a third party.

APPLICABLE LAW AND JURISDICTION

By visiting the Website, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between you and TZP. You hereby consent to the jurisdiction of the federal and state courts in New York for the purpose of resolving any dispute in connection with your visit to the Website. TZP may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such court.

USER SUBMISSIONS

By entering the Website you acknowledge and agree that any communication or material you transmit to the Website or TZP, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any materials you transmit to TZP may be used by TZP, anywhere, anytime, and for any reason whatsoever.

SEVERABILITY

If any of the Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms and Conditions.

WEBSITE PRIVACY POLICY
OUR COMMITMENT TO PRIVACY

Visitors that are residents of California should refer to our California Website Privacy Policy supplement below.

Your privacy is important to TZP Management Associates, LLC and its affiliates (together, “TZP,” “our,” “us,” “we” or “company”). To better protect your privacy, we are providing information explaining our online information practices.

This Website Privacy Policy (this “Privacy Policy”) describes how we gather and use information for visitors of this website. Please read this Privacy Policy carefully. If you do not agree with any of the terms and conditions contained herein, please do not access or otherwise use this website.

This Privacy Policy constitutes a legally binding agreement between TZP and you, the user of this website. By entering and using this website, you acknowledge your acceptance of, and agree to be bound by, the Privacy Policy stated herein, our Website Terms and Conditions and all additional terms incorporated by reference herein. If you do not agree to this Privacy Policy, please do not access or use this website. 

THE INFORMATION WE COLLECT AND HOW WE USE IT

We may collect various types of information from users of this website. For example, knowing how users use our website – tracking their movement through this website – helps us improve website design and usefulness. As a result, TZP’s server collects general data pertaining to users, including the length of time spent on this website, the pages accessed while visiting the website and Internet Protocol (IP) addresses. TZP generally does not, however, collect any personally identifiable information such as names, home addresses or e-mail addresses from users of this website, unless a user submits such information to us via our “Contact” page.

To the extent that you provide us with any personally identifiable information through or in connection with this website, we may use such information for TZP’s business purposes, but will not disclose any personally identifiable information about you to anyone, except as permitted or required by law or regulation and to service providers. In providing personally identifiable information to TZP, you consent to TZP’s use of such personally identifiable information for the purposes described in this Privacy 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 this website is at your sole risk.

CAPACITY

You represent to TZP that you have the authority to visit this website according to the Website Terms and Conditions. This website is only intended for individuals who are at least 18 years of age. We do not knowingly encourage or solicit visitors to this website who are under the age of 18 or knowingly collect personal information from anyone under the age of 18 without parental consent. If we learn we have collected or received personal information from an individual under the age of 18, we will delete that information.

COOKIES

Information regarding how you access this website (e.g., browser type, access times and Internet Protocol (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. You may opt-in to accept cookies automatically by changing the settings on your browser. If you opt-out of certain cookies, you may not be able to access certain parts of this website. You may wish to visit www.aboutcookies.org, which contains comprehensive information about types of cookies, how they are used and how you manage your cookie preferences.

You may access any personally identifiable information we have about you by contacting Tiffany Shatzkes, Chief Compliance Officer of TZP, at tshatzkes@tzpgroup.com.

NOTIFICATION OF CHANGES

We reserve the right to amend this Privacy Policy from time to time and for any reason, in our sole discretion, without notice, by updating this Privacy Policy. Accordingly, users are strongly encouraged to review our Privacy Policy regularly. If we decide to change our Privacy Policy, 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 information 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 Policy under which the information was collected. Your continued access or use of this website following the posting of changes to this Privacy Policy means that you accept such revisions, changes and/or amendments. If you object to any of the changes to this Privacy Policy, please stop accessing this website. Please check this page frequently and review any changes to this Privacy Policy carefully so you are aware of any changes, as they are binding on you.

MISCELLANEOUS

The provisions in our Website Terms and Conditions  are hereby incorporated by reference.

CONTACT US

If you have any questions or concerns about this Privacy Policy, please contact Tiffany Shatzkes, Chief Compliance Officer of TZP, at tshatzkes@tzpgroup.com.

CALIFORNIA WEBSITE PRIVACY POLICY
This California Website Privacy Policy supplements the Website Privacy Policy above 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 Policy above. 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.
 
What does this Website Privacy Policy apply to?
 
This Website Privacy Policy 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 employee or seeking employment, as a client, or as an investor) you will receive a separate privacy notice and that notice will govern that personal information.
 
What information do we collect about you?
 
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:
Identifiers, such as name, contact details and address (including physical address, email address and Internet Protocol address);
Other customer records, such as telephone number and personal information provided in connection with obtaining account access;
Commercial information, such as account data; 
Professional or employment-related information;
Education information;
Internet or other electronic network activity information, such as information regarding your use of our Website (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.
 
We do not knowingly collect or solicit personal information from anyone under the age of 18.
 
How do we obtain your personal information?
 
In connection with forming and operating our Website, we collect and maintain your nonpublic personal information from the following sources:
Information from your communications with us in connection with this Website, including any update notices provided by you.
Information captured on our Website, including registration information, information provided through online forms and any information captured via cookies.
 
We may combine personal information that you provide to us with information that we collect from or about you from publicly available sources. This will include information collected in an online or offline context.
 
How do we use your personal information?
 
We will use your personal information for one or more of the following business purposes:
To perform services for you. 
To improve our Website and the products and services that we offer and notify you about changes to our products and services.
To communicate with you, including responding to requests for information submitted by you through our Website. 
To keep a record of your relationship with us. 
Ongoing operations, administrative, accounting, reporting, account maintenance and other processes. 
To audit and verify the quality and effectiveness of our services and compliance.
To detect security incidents and to protect against malicious, deceptive, fraudulent, or illegal activity.
To generally comply with U.S., state, local and non-U.S. laws, rules and regulations.
 
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.
 
Who do we share your personal information with?
 
We do not sell any of the personal information we collect about you to third parties.
 
We do not disclose any nonpublic personal information about you to anyone, except as permitted or required by law or regulation and to affiliates and service providers, including but not limited to accountants, auditors, attorneys, broker-dealers and any fund administrator. We may also disclose your information to other parties as may be required by law or regulation, or in response to regulatory inquiries.
 
Within the last twelve (12) months, we have shared each of the categories of personal information collected in connection with this website with affiliates and service providers as set forth above in “What information do we collect about you?”
 
How do we keep your personal information secure?
 
We consider the protection of sensitive 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. 
 
Your rights under the CCPA
 
Deletion Rights: You have the right to request that we delete any of your 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. 
 
Disclosure and Access Rights: You have the right to request that we disclose to you certain information regarding our collection and use of personal information specific to you over the last twelve (12) months. Such information includes:
the categories of personal information we collected about you;
the categories of sources from which the personal information is collected;
our business or commercial purpose for collecting such personal information;
the categories of third parties with whom we share the personal information;
the specific pieces of personal information we have collected about you; and
whether we disclosed your personal information to a third party, and, if yes, the categories of personal information that each recipient obtained.
 
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.
 
Contact us
 
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 at: 212-398-0300 
 
Submit a request online to: info@tzpgroup.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.
 
Our goal is to respond to any verifiable consumer request within forty-five (45) days of our receipt of such request, but in certain cases, additional time might be required. Please contact Tiffany Shazkes at tshatzkes@tzpgroup.com with any questions about this California Website Privacy Policy.