Lightning Capital - WEBSITE PRIVACY POLICY

Updated as of Jan 25, 2021

Modification of these terms of use

‍‍Lightning Capital and its affiliates and related entities (collectively, “Company”) are committed to protecting the privacy of certain data that is collected from you and that you submit when you access this web site or web sites under our operation and control (collectively, the “Site”). We recognize the sensitive nature of much of the information with which we are entrusted on a daily basis, and we are committed to the highest standards of privacy. The nature of our business requires that we gather information that is of a personal nature, whether it be financial, medical or other information that you wish to keep protected. The following outline is intended to familiarize you with our policies for the gathering, use, maintenance and protection of private information. The examples given are intended to be for illustrative purposes only, and therefore, should not be considered a complete representation of our practices.

Acceptance Of Privacy Policy
Please review this policy carefully. This Privacy Policy outlines the information usage practices of the Company. By accessing, browsing or using this Site or by submitting your personal information to the Company, you signify your agreement to the terms and conditions of this policy. If you do not agree to this policy, please do not submit your personal information to us. The Company reserves the right to change its privacy policy at any time, in which event the Site will contain a notice of the change. Changes will be effective immediately upon posting to the Site. By accessing the Site, you are indicating your agreement to the Company’s privacy policy. If you have any questions or concerns about any of our practices, please contact us at: legal@lightning.capital.
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Information Collected
As you are probably aware, in the course of our relationship with you, we may collect information from a variety of sources. We collect this information in order to carry out our business functions and provide the highest quality of service to you. Most of our information comes directly from you when you register on the Site, order our service, enter a promotion such as a sweepstakes, answer our polls or surveys, sign up for additional services on our Site, or communicate with us by mail, telephone or electronically. Information also comes to us from third parties, including governmental agencies, financial institutions, employers, health care providers/professionals, and consumer reporting agencies or other public sources. We may obtain information about your business or occupation, property, health, credit history and income, as well as personal identification information such as names, birth dates, addresses, social security and drivers’ license numbers, telephone numbers, and e-mail addresses.

The Company may compile statistical information concerning the usage of the Site. This information allows the Company to monitor its utilization and continuously improve its quality. Examples of this information would include, but not be limited to, the number of visitors to the Site, or to sections or pages within the Site, patterns of traffic flowing through the Site, length of time spent on the Site, or in sections or pages of the Site, the other sites that refer visitors to the Site, the pages of the Site that visitors frequently use as entry and exit points, utilization of the browser and operating systems and versions used by visitors to the Site, etc.

In order to compile this information, the Company may collect and store your IP address, your operating system version, your browser version, the pages you visit within the Site, the length of time you spend on pages within the Site, the site from which you linked to ours, search terms you used in search engines which resulted in you linking to the Site, etc. While all of this information can be associated with the IP address your computer had while you visited the Site, it will not be associated with you as an individual, or associated with any other information you may submit through the Site, or that Company may store about you for any other purposes.

The Company may use web site “cookies” in the process of compiling the statistical information mentioned above and to tailor certain pages of the Site for your browsing convenience. You have the option of setting your browser to reject cookies, but our Site may not function correctly if you do. Refer to the Help feature of your browser for information on disabling cookies.

The Site is not directed to children. The Company does not knowingly collect any personal information from children. If you are concerned about your child’s use of the Site, you may use web-filtering technology to supervise or limit access to the Site.

Disclosure of Information
In the course of our normal business activities, we may disclose collected information to both affiliates and non-affiliated entities, as we deem necessary. We will not disclose your information for any purposes other than those in conjunction with the business of the Company and the activities requested of us unless otherwise permitted or required by law. Affiliated entities are within the Company family of companies, while non-affiliated entities are those outside of the Company family of companies with which we conduct our activities. We endeavor to choose non-affiliates with similar standards to ours regarding the protection of private information. We may also disclose your personal information to third parties as follows:

• To Third Parties To Perform Processing and Other Specialized Services:  At times, Company may use outside organizations to perform specialized services such as but not limited to, audit, or pursuant to regulations such as anti-money laundering, and know your customer, regulations. These service providers are only given the information needed to perform those services and they are bound contractually to protect the privacy and security of your information and to limit the use of your information to the service being provided.
• To Third Parties For Legal Reasons:  We advise you that we may disclose personal information to the government, legal or regulatory authorities or other entities: (a) if so ordered by a court of law; or (b) for other legal reasons, such as (I) to comply with legal process such as a search warrant, subpoena or court order; (II) to protect the Company’s rights and property; (III) to investigate reports of fraud or of users sending material using a false email address or users sending harassing, threatening, or abusive messages; (IV) to protect against misuse or unauthorized use of our Site; or (V) in emergencies, such as when we believe someone’s physical safety is at risk.  In some cases, disclosure may be required by law to be without notice to you.
• To a Third Party in the Event of a Significant Transaction or Other Event:  In the case of any significant transaction or event involving the Company or any of its related entities or divisions such as, by way of example, a sale, merger, amalgamation, financing, re-organization, liquidation, or insolvency, other parties to the transaction and their professional advisors may need to have access to the Company’s customer lists and various databases as part of the due diligence process. In this event, the Company would only provide such access under terms of a confidentiality agreement. Also, upon completion of the transaction or event, your personal information would be transferred to the Company’s successor-in-interest to be used for the purposes for which it was collected.

The Company generally does not require collected information to obtain access to any area of the Site. However, if you decide to provide personal information to the Company, in no case will the Company sell, license or transmit that information to third parties, except as required or permitted by law. Any information that you voluntarily share with the Company in a form is kept strictly confidential and fully secure.
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Safeguarding of Information
Our employees understand the importance of confidentiality and are required to adhere to our privacy policies and procedures. Employees who violate these policies and procedures are subject to disciplinary action. We employ numerous practices to protect against the disclosure of information for purposes unrelated to the performance of our business functions or to individuals other than those who must use it in the course of their work activities. These practices include the use of password protection of computer files, e-mail and voice-mail, video surveillance, and other physical, electronic, and procedural safeguards.

We follow generally accepted standards to store and protect the personal data we collect, both during transmission and once received and stored, including utilization of encryption where appropriate.

We retain personal data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods mandated by law, contract or similar obligations applicable to our business operations; for preserving, resolving, defending or enforcing our legal/contractual rights; or needed to maintain adequate and accurate business and financial records.

If you have any questions about the security or retention of your personal data, you can contact us at dataprotectionofficer@lightning.capital

Data Portability

You may request a copy of your personal data in an electronic format by emailing dataprotectionofficer@lightning.capital. We will respond to your request within 30 days, and upon verification, provide you with a link to download your data.

Data deletion

You may request to delete your data via email to info@lightning.capital. We will respond to your request within 30 days and, upon verification, we will verify that we have deleted your data. When your data is deleted, if you have not already cancelled your subscriptions, they will be cancelled for you and you will no longer have access to our services. Data that is necessary for the subscriptions you have purchased may be retained if it is required for our legitimate business purposes or legal or contractual record keeping requirements.
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Termination/Access Restriction.
The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, for any reason, without notice to you.

Copyright and trademarks notices

All contents of the Site are: Copyright 2018 - 2023 Lightning Capital.   All rights reserved.The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

General

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of the Site.

If you have any questions or comments about the Company’s Privacy Policy, would like to advise us how you would like your personal information not to be used or disclosed, or would like to access or update your personal information please contact us at: legal@lightning.capital.

Please note that certain information is required by the Company to provide services and process payment, and if you withdraw your consent to the collection, use or disclosure of your personal information for these purposes, then the Company will not be able to fulfill provide your requested services.

If, after contacting our customer service representative, your concerns or questions have not been resolved to your satisfaction, you can contact the Company Legal Department in writing via email or mail: legal@lightning.capital

Lightning Capital Management
800 Brickell Ave, FL4
Miami FL 33131

This Privacy Policy is governed by the internal substantive laws of New York, without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of this Privacy Policy shall lie exclusively with the state and federal courts within New York. If any provision of this Privacy Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Privacy Policy, which shall remain in full force and effect. To the maximum extent permitted by law, you hereby consent to the exclusive jurisdiction and venue of courts in the State of New York, County of New York in all disputes arising out of or relating to the use of the Site.

UNDER NO CIRCUMSTANCES SHALL COMPANY HAVE ANY LIABILITY WHATSOEVER FOR ANY ERRORS OR OMISSIONS IN INFORMATION ON THE SITE, OR FOR ANY DAMAGES, LOSSES, OR EXPENSES THAT MAY OCCUR WHILE ACCESSING THE SITE, OR ANY LINKED SITE, OR THE INABILITY TO ACCESS THESE SITES; OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF THE BREACH OF THIS PRIVACY POLICY, HOWEVER OCCASIONED.