LEGAL NOTICES AND PRIVACY POLICY
McKim & Company, LLC and/or McKim Capital, Inc. have created this Privacy Policy to explain our information-gathering and dissemination practices. Your use of our site confirms your acknowledgement and acceptance of the terms of this Privacy Policy. We reserve the right to change this Privacy Policy to comply with applicable laws or to reflect any general change in our policy. Any changes will be posted to this document so that you will always know what information we gather and how we use it. You are encouraged to print or download a copy of this document for your permanent records.
USER'S IDENTITY AND PASSWORD
You can visit the public sections of the McKim & Company, LLC and McKim Capital, Inc. (collectively called “McKim”) web site without revealing your identity or any personal or corporate information. McKim may log your IP address in order to track your session. But you will remain anonymous. Tracking your IP address will give McKim an idea of which parts of the McKim site are being visited most often and how long users spend in each part. But we do not link IP addresses to any information, which would identify you personally. Your browser will also let us know what type of computer and operating system you are using when you visit the McKim site.
All non-public portions of the McKim site are for our clients only -- Agents, Issuers and Investors -- and are password-protected. We know the identity of our clients and we record their IP addresses each time they log on and record the pages accessed during each session. Clients have detailed privacy and security information set forth in their written agreements with us.
INFORMATION GATHERING AND USE OF INFORMATION
To become a client of McKim's private equity network, applicants must provide the following types of information (as applicable):
• Basic contact information (such as name, address, telephone number, e-mail, etc.)
• Unique identifiers (such as federal tax identification number)
• Financial information (such as name and number of bank and primary brokerage accounts, capital under management, etc.)
• Demographic information (such as ZIP Code, adjusted gross income, and investing experience)
The information McKim gathers from applicants and members is used in the following ways:
• McKim uses contact information to send members notices about upcoming deals, the status of existing deals, deal-related events, policy changes, etc. Members can opt out of receiving deal-related e-mail by request.
• McKim uses unique identifiers to verify the applicant's identity.
• McKim uses financial information to verify that the applicant meets our eligibility requirements and SEC qualification requirements.
• McKim uses demographic information to help develop member services and to evaluate potential investment opportunities based on the preferences of our member investors.
• To comply with SEC regulations for private placements, the issuing member company or fund receives the name and address of each investor who affirms the confidentiality agreement for the offering third parties.
CHILDREN'S INFORMATION
In compliance with the Children's Online Privacy Protection Act and fair information practices, children under the age of 13 are not allowed to sign up for our mailing lists or the members-only portions of our site. McKim does not intentionally collect any personally identifiable information from children.
ISSUER INFORMATION
Issuers are client companies and funds seeking to raise capital through McKim's web site. McKim and its employees, affiliates and advisors treat all information submitted by an Issuer as confidential. McKim will not show or divulge the information gathered from an Issuer, or prospective client, to anyone outside of McKim's deal evaluation team without the Presenter's permission.
Issuers have total and absolute control over investor access to the presentation information that that Issuer places on McKim's site. Issuers alone have the power to invite investors to view their company or fund presentations. Issuers also have control over how much information an investor will see at any one time and can require that an investor meet certain requirements--for example, indicate interest, agree to a term sheet, etc.--before having access to additional layers of information.
The e-mail addresses you provide to McKim and/or McKim Capital are used solely to send you information you request about us and, in the case of clients, to communicate information about your account. Neither McKim nor McKim Capital will sell, rent, loan or give away its e-mail lists to any outside third parties.
SECURITY
All non-public sections of McKim's web site are password protected. McKim uses secure servers equipped with multiple security features. To protect information provided on McKim Capital client applications and communications, the information is transmitted from the applicant's browser to the private McKim Capital site in encrypted form.
LEGAL NOTICES
McKimco.com, McKim and the term "McKim " as a noun, verb and participle are service marks of McKim & Company, LLC. McKim Capital and the term "McKim Capital" as a noun, verb and participle are service marks for McKim & Company, LLC.
McKim CapitalSM is a service mark of McKim & Company, LLC. McKim CapitalSM and other McKim graphics, logos and service names are service marks of McKim & Company, LLC. Service marks may not be used in connection with any product or service that does not belong to McKim. Also, McKim's service marks may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner that disparages or discredits McKim & Company, LLC, it's affiliates or its subsidiaries.
Information on the McKim web site may contain inaccuracies or typographical errors. Information may be changed or updated without notice. While McKim's site is designed to provide accurate and authoritative information with regard to the subject matter covered, McKim assumes no responsibility for errors or omissions. In no event will McKim be liable for any direct, indirect, special or other consequential damages for any use of this web site, or any other hyperlinked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data or otherwise, even if we are expressly advised of the possibility of such damages. McKim's web site does not constitute an offer or a contract. McKim makes no representation whatsoever about other web sites, which you may access through this one. When you access a non-McKim web site, please understand that it is independent from McKim, and that McKim has no control over the content on that web site. In addition, a link to a non-McKim web site does not mean that McKim endorses or accepts any responsibility for the content, use, or products and services made available through such web site.
The information provided on this site is on the understanding that McKim is not engaged in rendering legal, tax, accounting, financial advisory or any other professional service except when expressly contracted to do so. If legal advice or other professional assistance is required, the services of a competent professional should be sought.
Other brands or products are trademarks, service marks, registered trademarks or registered services marks of their respective holders.
McKim is not a registered broker/dealer and may not sell, offer to sell or offer to buy any security. The materials on the public portions of the web site are intended to be strictly informational. The necessary broker/dealer services related to the operation of McKim's web site, including, but not limited to, approving Issuer presentations, approving investor applications and subscriptions and conducting any communications with member investors that may be construed as involving offers to sell or solicitations of offers to buy any security of a posted company are provided by McKim's broker-dealer, McKim Capital, Inc. Information about companies and funds presented on McKim's web site is for approved client investors only and may not be reviewed by or distributed by others under any circumstances.
McKim itself, through a management investment pool or otherwise, may invest or have an interest in a company presented on the McKim site. As with investments by individual McKim employees, McKim's interest in a company will always be fully disclosed and should never be relied upon as an endorsement of the company or as a representation of the soundness of the company as an investment.
©Copyright 2002, 2005 & 2007 McKim & Company, LLC. All rights reserved. Other brands or products are trademarks, service marks, registered trademarks or registered service marks contained herein are the property of their respective owners.
You may not copy, redistribute, transmit, participate in the transmission of, create derivatives of, alter, edit, or exploit in any manner material from this website, in whole or in part, without the express written permission of McKim & Company, LLC and/or McKim Capital Inc.