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Terms of Use

GOODWATER CAPITAL TERMS OF USE

Last Reviewed: Feb 2, 2021

Welcome to goodwatercap.com, a website of Goodwater Capital, LLC (“Goodwater,” “we,” “our,” or “us”). This page includes the terms by which you may access and use our website (the “Site”), including the Goodwater Content (defined below) made available on the Site or sent to you by email when you sign up directly with us to receive our materials.

By accessing or using our Site or by accessing or signing up to receive the Goodwater Content, you signify that you have read, understood, and agree to be bound by these Terms of Use, together with all agreements expressly incorporated by reference (“Agreement”) and to the collection and use of your information as set forth in our Privacy Policy, available at [http://www.goodwatercap.com/legal#privacy]. Please carefully review our Privacy Policy to learn how we collect and use your information before accessing or using our Site or the Goodwater Content or providing your information to us. This Agreement applies to all visitors, users, and others who access or use the Site or the Goodwater Content or provide information directly to us to receive the Goodwater Content (“Users”).

Please read this Agreement carefully to ensure that you understand each provision. To the extent permitted by applicable law, this agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

1. Use of Our Site and Content

  1. You may use the Site and the Goodwater Content only if: (i) you are in compliance with this Agreement and all applicable laws, rules and regulations; (ii) you are at least eighteen (18) years of age; and (iii) you have not been previously removed from the Site.
  2. Access to the Site. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Site and the Goodwater Content solely for your personal, noncommercial use. Goodwater reserves all rights not expressly granted herein in the Site and the Goodwater Content. Goodwater may terminate this license at any time for any or no reason. Even after your license to access and use the Site and the Goodwater Content is terminated, this Agreement, including all of your obligations under this Agreement prior to such termination, will remain in full force and effect and will govern any and all disputes arising out of your access and use of the Site and the Goodwater Content.

2. Our Proprietary Rights

The Site and all materials therein, including, without limitation, products, reports, analyses, insights, data, information, images, text, graphics, illustrations, logos, photographs, audio, videos, music, and other content (the “Goodwater Content”), and all trademarks, service marks, copyrights, and other intellectual property rights and proprietary rights related thereto, are and will remain the exclusive property of Goodwater and its licensors.

3. No Investment Advice/Accuracy of Content

Goodwater provides financial and industry information and analysis regarding venture capital companies as part of the Goodwater Content on or through the Site and by email to those who have signed up to receive materials from us. Such information is for general informational purposes only and should not be construed as investment advice or other professional advice. Although this Site may be deemed to be an advertisement for our investment advisory services under the Investment Advisers Act of 1940 or state securities laws, Goodwater provides investment advice solely to privately offered venture capital funds pursuant to a written investment management agreement with each fund. Goodwater does not provide investment advice through this Site or by email, and does not provide investment advice through the Goodwater Content.  Any use of the Site or the Goodwater Content and any reliance upon or decisions made using the information contained in the Site or the Goodwater Content, including any trading or investment decisions or strategies, are made strictly at your own risk. If investment or other professional advice is required, the services of a competent, licensed professional should be sought.  No employee, consultant, agent or representative of Goodwater is authorized to provide any such advice of any nature, and any such advice, if given, is in violation of Goodwater’s policies, is unauthorized and may not be relied upon or used as the basis for making investment or other decisions. Also, we do not represent, warrant, or guarantee that any contributor to the Goodwater Content has achieved any particular level of expertise or knowledge or has any specific qualifications or credentials, including, without limitation, as to the subject matter to which their contributions relate. None of the information constitutes a solicitation, offer, opinion, or recommendation by Goodwater to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or other investment. At the time of issuance of the Goodwater Content, Goodwater did not and will not hold any interest in any issuer discussed in the Goodwater Content.

4. Prohibited Activities

Use of the Site and the Goodwater Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You agree not to engage in any of the following prohibited activities: (i) accessing or using the Site or the Goodwater Content in a way that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law or may create liability for Goodwater to lose (in whole or in part) the services of our ISPs or other suppliers; (ii) renting, leasing, sublicensing, selling, transferring, assigning, redistributing, hosting, or otherwise commercially exploiting the Site or the Goodwater Content or any part thereof; (iii) except as expressly stated in this Agreement, copying, reproducing, distributing, disclosing, republishing, downloading, posting, displaying or transmitting any part of the Site or the Goodwater Content in any medium, including without limitation by “scraping”; (iv) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to Goodwater servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Goodwater grants the operators of public search engines revocable permission to use spiders to copy publically available materials from goodwatercap.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (vi) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vii) interfering with the proper working of the Site; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) modifying, making derivative works of, disassembling, reverse compiling, attempting to find the source code of, or reverse engineering any part of, the Site or the Goodwater Content; (x) accessing any content on the Site through any technology or means other than those provided or authorized by the Site.

5. Third-Party Links and Information

The Site and communications from Goodwater may contain links to third-party materials that are not owned or controlled by Goodwater. Goodwater does not endorse or assume any responsibility for any such third-party materials, including, without limitation, third-party sites, information, products, or services. You expressly waive and release Goodwater from any and all liability arising from your use of any third-party website, service, or content.

6. Modification and Termination of the Site

Goodwater reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part of it, including, without limitation, your access to the Goodwater Content) or its distribution of the Goodwater Content to you, with or without notice. You agree that Goodwater shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or provision of the Goodwater Content. Goodwater may also make improvements and/or changes in its products, services and/or content at any time without notice. However, Goodwater disclaims any responsibility to update, improve or change the Site or the Goodwater Content.

7. Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Goodwater and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, service providers, consultants, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your access to and use of the Site and the Goodwater Content; (ii) your violation of any term of this Agreement; (iii) your infringement, misappropriation or other violation of any third-party rights, including without limitation, any right of privacy or publicity, intellectual property rights or other proprietary rights; (iv) your violation of any applicable law, rule or regulation; or (v) your gross negligence or willful misconduct.

8. No Warranty

The Site and the Goodwater Content is provided on an “as is,” “where is” and “as available” basis. To the maximum extent permitted by applicable law, the Site and the Goodwater Content are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice, information or materials, whether oral or written, sent to you directly from Goodwater or obtained by you through the Site or any Goodwater communication, will create any warranty not expressly stated herein. Without limiting the foregoing, Goodwater and its licensors do not warrant that the Goodwater content is accurate, reliable, complete, current or correct; that the Site will meet your requirements; that any defects or errors will be corrected; or that the Site is free of viruses, malware or other harmful components.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Goodwater, its affiliates, agents, directors, employees, suppliers, service providers, consultants or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this Site or the Goodwater Content.

To the maximum extent permitted by applicable law, Goodwater assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of the Site or Goodwater content; (ii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (III) any interruption or cessation of transmission to or from the Site; (Iv) any bugs, viruses, malware, trojan horses, or the like that may be transmitted to or through our site by any third party; and/or (v) any errors or omissions in any Goodwater Content or for any loss or damage incurred as a result of the use of any Goodwater Content posted, emailed, transmitted, or otherwise made available through the Site. In no event shall Goodwater, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs exceeding, in an aggregate amount for all claims, the lesser of (a) your actual direct damages or (b) $500.00 U.S. Dollars.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Goodwater has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

10. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

  1. Governing Law. This Agreement and any and all actions related thereto shall be governed, controlled, interpreted and defined by and under the laws of the State of California and the United States, without regard to the conflicts of laws provisions thereof.
  2. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Goodwater. For any dispute with Goodwater, you agree to first contact us at info@goodwatercap.com and attempt to resolve the dispute with us informally. In the unlikely event that Goodwater has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Mateo County, California, unless you and Goodwater agree otherwise. If you are an individual using the Site for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Goodwater from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
  3. Class Action/Jury Trial Waiver. To the extent permitted by applicable law, with respect to all persons and entities, regardless of whether they have obtained or used the site for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Goodwater are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

11. General

  1. Notification Procedures and Changes to the Agreement. Goodwater may provide notifications to you via email notice or through posting of such notice on our Site. Goodwater may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. Your continued use of the Site and/or the Goodwater Content after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Site or the Goodwater Content.
  2. Severability. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
  3. California Residents. The provider of the Site and the Goodwater Content is: Goodwater Capital, 240 Lorton Ave, 3FL, Burlingame, CA 94010, info@goodwatercap.com. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Privacy Policy

Goodwater Capital Privacy Policy

Last Reviewed: Mar 15, 2021

Thank you for visiting http://www.goodwatercap.com (the “Site”), owned and operated by Goodwater Capital, LLC (“we,” or “us”). We respect your privacy and, whether you are visiting the Site as an investor, founder or member of the general public, you are entitled to the protection of your personal information. Please read this Privacy Policy to learn how we treat your personal information.

By using or accessing our Site in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and share your information as described in this Privacy Policy.

Remember that your use of our Site is at all times subject to our Terms of Use, which incorporates this Privacy Policy. Any terms we that use in this Privacy Policy without defining them shall have the definitions given to them in the Terms of Use.

1. What this Privacy Policy Covers.

This Privacy Policy covers important information and disclosures relating to how we treat Personal Data that we gather when you access or use our Site, but does not cover the practices of companies we don’t own or control or people we don’t manage, nor to the privacy practices of any entity with whom we have an investment relationship, even if you are able to access such entity’s website or service through a link on the Site. It also does not apply to information obtained or disclosed in offline correspondence or in connection with an investment in one of our affiliated investment funds. Please note that you may have additional rights to control the use and disclosure of your Personal Data. Residents of California or the European Union should refer to the relevant subsections below. You may print a copy of this Privacy Policy by clicking here. If you have a disability, you may access this Privacy Policy in an alternative format by contacting privacy@goodwatercap.com.

Use of the term “Personal Data” herein means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations.

2. Categories of Personal Data We Collect.

This chart details the categories of Personal Data that we collect and have collected over the past 12 months:

Category of Personal Data Examples of Personal Data We Collect Categories of Third Parties With Whom We Share this Personal Data:
Profile or Contact Data
  • First and last name
  • Email
  • Service Providers
  • Parties You Authorize, Access or Authenticate
Social Media Data
  • LinkedIn profile information, job history
  • Service Providers
Device/IP Data
  • IP address
  • Device ID
  • Domain server
  • Type of device/operating system/browser used to access the Services
  • Service Providers
  • Parties You Authorize, Access or Authenticate
Web Analytics
  • Web page interactions
  • Referring webpage/source through which you accessed the Services
  • Non-identifiable request IDs
  • Statistics associated with the interaction between device or browser and the Services
  • Service Providers
  • Parties You Authorize, Access or Authenticate
Other Identifying Information that You Voluntarily Choose to Provide
  • Identifying information in emails or letters you send us
  • Service Providers
  • Parties You Authorize, Access or Authenticate

Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

  • You
    • When you provide such information directly to us.
      • When you use our Site.
      • When you voluntarily provide information in free-form text boxes through the Site or through responses to surveys or questionnaires.
      • When you send us an email or otherwise contact us.
    • When you use the Site and such information is collected automatically.
      • Through Cookies (defined in the “Tracking Tools and Opt-Out” section below).
  • Third Parties
    • Vendors
      • We may use analytics providers to analyze how you interact and engage with the Site, or third parties may help us provide you with customer support.
    • Social Networks
      • If you provide your social network account credentials to us or otherwise sign in to the Services through a third-party site or service, some content and/or information in those accounts may be transmitted into your account with us.
      • Through our service providers, consultants and contractors in connection with our due diligence process

Our Commercial or Business Purposes for Collecting Personal Data

  • Providing, Customizing and Improving the Site
    • Providing you with the products, services or information you request.
    • Meeting or fulfilling the reason you provided the information to us.
    • Providing support and assistance for the Site.
    • Improving the Site, including testing, research, internal analytics and product development.
    • Personalizing the Site, website content and communications based on your preferences.
    • Doing fraud protection, security and debugging.
    • Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).
  • Corresponding with You
    • Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about us or the Site.
    • Sending emails and other communications according to your preferences or that display content that we think will interest you.
  • Meeting Legal Requirements and Enforcing Legal Terms
    • Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
    • Protecting the rights, property or safety of you, us or another party.
    • Enforcing any agreements with you.
    • Responding to claims that any posting or other content violates third-party rights.
    • Resolving disputes.

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice.

3. How we Share Your Personal Data.

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

  • Service Providers. These parties help us provide our services or perform business functions on our behalf. They include:
    • Hosting, technology and communication providers.
    • Security and fraud prevention consultants.
    • Analytics providers.
  • Analytics Partners. These parties provide analytics on web traffic or usage of the Services. They include:
    • Companies that track how users found or were referred to the Services.
    • Companies that track how users interact with the Services.
  • Parties You Authorize, Access or Authenticate
    • Third parties you access through the services.
    • Other users.

Legal Obligations

We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above.

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.

4. Tracking Tools and Opt Out.

The Site use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser and tell us how and when you visit and use our Site, to analyze trends, learn about our user base and operate and improve our Site. Cookies are small pieces of data – usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Site. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Site does not support “Do Not Track” requests sent from a browser at this time.

We use the following types of Cookies:

  • Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Site. Disabling these Cookies may make certain features and services unavailable.
  • Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Site, maintain your preferences over time and recognize you when you return to our Site. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Site such as by collecting information about the number of visitors to the Site, what pages visitors view on our Site and how long visitors are viewing pages on the Site. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Site’s content for those who engage with our advertising.

You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Site and functionalities may not work.

TTo explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit https://ico.org.uk/for-the-public/online/cookies/ or http://www.allaboutcookies.org/.

5. Security and Retention.

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, and administrative security measures and storage and processing practices based on the type of Personal Data. For example, the Site uses industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of Personal Data you provide to us. We retain Personal Data about you for as long as necessary to provide our Site and/or services to you, comply with our legal obligations, resolve disputes, or as otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data or storing data over the Internet is completely secure. We cannot guarantee the complete security of any data you share with us, and except as expressly required by law, we are not responsible for the theft, destruction, loss or inadvertent disclosure of your information or content.

6. Personal Data of Minors.

We do not knowingly collect or solicit Personal Data about children under 16 years of age, except with parental consent. If we learn that we have collected personal information from an individual under the 16 years of age without parental consent, we will delete such information as quickly as possible. If you believe that a child under 16 years of age may have provided Personal Data to us, please contact us at privacy@goodwatercap.com.

7. Privacy Rights of California Residents.

If you are a resident of California, you have the rights set forth in this section. If there are any conflicts between this section and any other provision of this Privacy Policy, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at privacy@goodwatercap.com.

Access
You have the right to request certain information about our collection and use of your Personal Data over the past 12 months, including the:

  • Categories of Personal Data that we have collected about you.
  • Specific pieces of Personal Data that we have collected about you.
  • Categories of sources from which that Personal Data was collected.
  • Business or commercial purpose for collecting your Personal Data.
  • Categories of third parties with whom we have shared your Personal Data.
  • Categories of Personal Data shared with third parties for a business purpose over the past 12 months, if applicable.

Deletion
You have the right to request that we delete the Personal Data that we have collected about you, subject to certain exceptions under the CCPA: for example, we may need to retain your Personal Data to provide you with the Site or services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Exercising Your CCPA Rights
To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are either the person about whom we have collected Personal Data or are an agent authorized by that person, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You may submit a Valid Request by emailing us at privacy@goodwatercap.com.

We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

We Do Not Sell Your Personal Data
We will not “sell” your Personal Data, as that term is defined in the CCPA, and have not done so over the last 12 months. We also do not sell the Personal Data of minors under 16 years of age.

We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA
We will not deny you access to our Site or provide you a lower quality of services if you exercise your rights under the CCPA. If you have any questions about this section or whether any of the above rights apply to you, please contact us at privacy@goodwatercap.com.

8. Privacy Rights of Other United States Residents.

California Resident Rights
California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes, under California Civil Code Sections 1798.83-1798.84. If you would like to submit such a request, please contact us at privacy@goodwatercap.com.

Nevada Resident Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. If you are a Nevada Resident, you can exercise this right by contacting us at privacy@goodwatercap.com with the subject line “Nevada Do Not Sell Request” and providing us with your name. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.

9. Privacy Rights of European Union Residents.

The Site is hosted and operated in the United States (“U.S.”) by us and through our service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below. By using the Site, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to us in the U.S. and will be hosted on U.S. servers, and you authorize us to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. pursuant to: (i) a data processing agreement incorporating standard data protection clauses promulgated by the European Commission, (ii) binding corporate rules for data protection that align with the GDPR’s requirements, or (iii) adherence to an industry- or technology-specific approved code of conduct blessed by the European Commission.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. We will be the controller of your Personal Data processed in connection with your use of the Site.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at privacy@goodwatercap.com.

Personal Data Collection, Use and Disclosure

The “Categories of Personal Data We Collect” subsection of this Privacy Policy above details the Personal Data that we collect from you, and “How We Share Your Personal Data” details how we may use or disclose your Personal Data.

Legal Basis for Processing

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

  • Contractual Necessity: We may process Personal Data as a matter of “contractual necessity”, meaning that we may need to process the data to perform under our Terms of Use with you, which enables us to provide you with the Site and our services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Site that require such data
  • Legitimate Interest: We process the following categories of Personal Data when we have a legitimate interest that is not outweighed by your privacy rights:
    • Profile or Contact Data
    • Social Media Data
    • Device/IP Data
    • Web Analytics
    • Other Identifying Information You Choose to Provide
    • We may also de-identify or anonymize Personal Data to further our legitimate interests.
  • Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
  • Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

EU Data Subject Rights

You have certain rights with respect to your Personal Data, including those set forth below.

  • Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
  • Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
  • Erasure: You can request that we erase some or all of your Personal Data from our systems.
  • Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time.
  • Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
  • Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
  • Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
  • Right to File Complaint: You have the right to lodge a complaint about our practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.

For more information about these rights, or to submit a request, please contact us at: privacy@goodwatercap.com

Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

10. Changes to This Privacy Policy.

We’re constantly trying to improve our Site and services, so we may need to change this Privacy Policy from time to time, but we will alert you to any such changes by placing a notice on our website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Site and/or services, and you are still responsible for reading and understanding them. If you use the Site and/or services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

11. Contact Information.

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data, or your choices and rights regarding such collection and use, please do not hesitate to contact us at: privacy@goodwatercap.com.

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