PRIVACY NOTICE

Revised Date November 20, 2019

Protecting your privacy is fundamental to the way VSS Fund Management LLC and its subsidiaries (collectively, “VSS,” “we,” “us,” or “our”) conduct business. Although privacy regulations require companies to inform you of their practices regarding the collection and use of your personal information, keeping investor information confidential has always been our policy. We have always known that privacy is important to you, and we are committed to safeguarding your personal information. This Privacy Statement explains how we may collect, use, and disclose your personal information.

Personal Information

VSS relies on applicable data protection legislation to process your personal information, including our legitimate interests (e.g., to operate our investment programs), contractual necessity (e.g., to enable us to provide our services to you), and as required by applicable law.

In the course of offering and providing our services, it is common for us to receive sensitive information from and about our investors, including financial and business information, some of which constitute personal information. Generally speaking, personal information is any information that can be used, directly or indirectly, to identify, locate, or contact someone. Types of personal information include names, physical addresses, mailing addresses, social security numbers, email addresses, phone numbers, bank account numbers, and driver’s license numbers. Under certain circumstances, personal information may also include other information that can reasonably link to a particular person, such as internet protocol (IP) addresses, unique device identification numbers, employment information, medical information, and internet activity.

If we require your personal information due to a legal requirement or obligation, or in order for us to perform a contract with you, we will make you aware of this at the time we collect your personal information (unless we are restricted from doing so under applicable law), and the possible consequences of you failing to provide this personal information.

How We Collect Personal Information

VSS receives personal information directly from our investors or their agents in the course of performing our services (e.g., we will require you to verify your identity for know your customer and anti-money laundering risk regulations). We do not knowingly collect or solicit personal information from anyone under the age of 16.

We also collect personal information through our website (www.vss.com). For example, when you log into the investor portal on our website, we will collect information such as your name, email address, and username. If you contact us through our website, we will receive your name, email address, and any comments included in your message. Our web servers may also collect information from visitors such as IP address, browser type and version, time zone setting, operating system, and platform.

Our website, like most websites, employs “cookies” and similar technologies. Cookies are small files that are stored on your computer or mobile device when you visit our website and allow us to recognize your browser and obtain information about your use of our website.

How We Use Personal Information

We will use your personal information to provide you with services you have requested, respond to requests for information submitted by you, keep a record of your relationship with us, and verify your identity. We may also use your personal information to: (1) to provide you with information or services that you request from us; (2) to provide you with email alerts, event registrations and other notices concerning our Funds, or events or news, that may be of interest to you; (3) to carry out our obligations and enforce our rights arising from any agreements entered into between you and us; (4) to improve our website and present its contents to you; and (5) for any other purpose with your consent.

Disclosure of Personal Information

We may share your personal information with (1) our subsidiaries and affiliates; (2) contractors, service providers, and other third parties we use to support our business; (3) a buyer or other successor in the event of a sale or transfer of some or all of our business or assets; (4) for any other purpose disclosed by us when you provide the information; (5) to comply with any court order, law or legal process, including responding to any government or regulatory request; (6) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us; or (7) if we believe disclosure is necessary or appropriate to protect the rights, property or safety of us, our clients or others. We do not sell or otherwise share personal information with third parties for direct marketing purposes

Data Security

We are committed to protecting the personal information entrusted to us, and we employ appropriate physical, electronic, and procedural safeguards to protect your non-public personal information in our possession or under our control to the extent possible from unauthorized access and improper use. The use of, and access to, your personal information by us is restricted to employees and contractors who need to know that information to provide services to you.

We will keep your personal information only for as long as is reasonably necessary for the purposes set out in this privacy statement unless a longer retention period is required under applicable law. We will not keep more information than we need for such purposes.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to us through our website or other electronic means. Any electronic transmission of personal information is at your own risk.

Third-Party Providers

Use of this site signifies that you have read, comprehend, and accept all provisions of this privacy statement. VSS reserves the right at its discretion to amend this privacy statement at our discretion and at any time. When we make changes to this privacy statement, we will notify you by email or through a notice on our website homepage. VSS recommends reviewing the Privacy Notice regularly for changes. Some applications and services embedded within or linked from our website, such as maps and social media platforms, are controlled by third-party providers. These third parties may use cookies, alone or in conjunction with other tracking technologies, to collect information about you when you use our website or navigate away from our website. These third parties may also have privacy policies that differ from ours. For example, they may collect personal information about your online activities over time and across different websites, and other online services, and may use this information to provide you with interest-based advertising or other targeted content. We do not control these third parties or their privacy practices, and this privacy statement does not apply to any third-party website or service you may access through our website. If you have any questions about a third-party provider’s privacy policies or advertising, you should contact the responsible provider directly.

Non-Personal Information

This Privacy Statement does not restrict our collection, use, or disclosure of any aggregated information or information that does not identify or cannot be reasonably linked to any individual.

Changes to Our Privacy Statement

VSS will post any changes we make to this Privacy Statement on our website. If we make material changes to how we treat personal information we collect from you, we will notify you by email or through a notice on our website homepage. The date this Privacy Statement was last revised is identified above. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting this Privacy Statement on our website to check for any changes.

Your rights

You have the right to access your personal information and control how and what information we store and process about you. We have explained these individual rights and controls below. To exercise these rights and controls, please contact us at VSSPortalAdmin@vss.com.

Access: You have the right to ask for a copy of the personal information that VSS holds about you.

Correction: If there are any inaccuracies in the information we hold about you, please contact us and we will correct them.

Deletion: If you think that we shouldn’t be holding or processing your personal information any longer, you may request it be deleted. Please note this may not always be possible due to legal obligations.

Restrictions on use: You may request that we stop processing your personal information (other than storing it), if: (i) you are verifying the accuracy of it; (ii) you believe the processing is against the law; (iii) you believe that we no longer need your data for the purposes for which it was collected, but you still need your data to establish or defend a legal claim; or (iv) you are verifying whether our legitimate grounds to process your personal information override your own rights.

Object: You have the right to object to processing, including: (i) for direct marketing; (ii) for research or statistical purposes; and/or (iii) where processing is based on legitimate interests.

Portability: If you wish to transfer your personal information to another organization (and certain conditions are satisfied), you may ask us to do so, and we will send it directly if we have the technical means.

Contact Information

VSS Fund Management LLC appreciates your business. If you have any questions or comments about this privacy statement, please email us at VSSPortalAdmin@vss.com.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit the CCPA Privacy Notice.

We disclose your personal information for a business purpose to the following categories of third parties:

VSS collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

PRIVACY NOTICE – CALIFORNIA

Date November 20, 2019

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of VSS Fund Management LLC and its subsidiaries (collectively, “VSS”, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

VSS collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. YES
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. NO
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
F. Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. NO
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. YES
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

Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:
    • health or medical information covered by the Health Insurance
      Portability and Accountability Act of 1996 (HIPAA) and the
      California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws,
      including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA),
      or California Financial Information Privacy Act (FIPA),
      and the Driver’s Privacy Protection Act of 1994.

VSS obtains the categories of personal information listed
above from the following categories of sources:

  • Directly from our investors or their agents. For example,
    documents that our investors provide to us related to investments.
  • Indirectly from our investors or their agents.
    For example, through information we collect from our investors in
    the course of providing services to them.
  • Directly and indirectly from activity on our website (www.vss.com). For example,
    through our website portal or website usage details collected automatically.
  • From third-parties that interact with us in connection with the services we perform.
    For example, from auditors when we annual audited financials for the Funds.

Use of Personal Information

VSS may use or disclose the personal information we collect for one or more of the following business purposes:

To fulfill or meet the reason for which the information is provided.
For example, if you provide us with personal information in order for us to have
tax returns prepared, we will use that information to have the
returns prepared and submitted to the applicable taxing authorities.

  • To provide you with information or services that you request from us.
  • To provide you with email alerts, event registrations,
    and other notices concerning our services or events or news that may be of interest to you.
  • To carry out our obligations and enforce our rights arising from any
    agreements entered into between you and us.
  • To improve our website and present its contents to you.
  • As necessary or appropriate to protect the rights, property,
  • To respond to law enforcement requests
    and as required by applicable law, court order, or governmental regulations.
  • 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 is among the assets transferred.

VSS will not collect additional categories of personal information or use the personal information we have collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

VSS may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records, personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category I: Professional or employment-related information.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Our affiliates.
  • Service providers.
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable request, we will disclose to you:

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business purpose for collecting that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we disclosed your personal information for a business purpose, identifying the personal information categories that the recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers, to:

  1. Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our agreement with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Exercise free speech, ensure the right of another investor to exercise their free speech rights, or exercise another right provided for by law.
  4. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  5. Engage in public or peer-reviewed research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement if you previously provided informed consent.
  6. Enable solely internal uses that are reasonably aligned with expectations based on your relationship with us.
  7. Comply with a legal obligation.
  8. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable request to us by either:

Calling us at 212-935-4990.

Visiting vss.com

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable request related to your personal information. You may also make a verifiable request on behalf of your minor child.

You may only make a verifiable request for access or data portability twice within 12 months. The verifiable request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable request does not require you to create an account with us. We will only use personal information provided in a verifiable request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12 months preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you services.
  • Charge you different prices or rates for services, including discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of services.
  • Suggest that you may receive a different price or rate for services or a different level or quality of services.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, how we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 212-935-4990

Website: vss.com

Postal Address: VSS Capital Partners

390 Park Avenue, 13th Floor

New York, NY 10022