INTRODUCTION AND SCOPE
1.1 Who We Are.
This Privacy Policy (the "Policy") is issued by Apogee Diversified Manager LLC, a Wyoming limited liability company, on its own behalf and on behalf of Apogee Diversified Venture Fund LLC, a Delaware series limited liability company (the "Fund"), each series of the Fund and Apogee Diversified Administrator LLC, a Wyoming limited liability company (together, "Apogee," "we," "us" or "our"). Apogee Diversified Manager LLC is the entity responsible for the personal data described in this Policy.
1.2 What this Policy Covers.
This Policy explains how we collect, use, disclose, retain and protect personal data in connection with the website located at https://apogeevcfund.com, including its investor portal, data room and forms (the "Site"), with the Investor Access request process, with the verification of prospective investors and with our related communications, whether by email, telephone, video conference or in person.
1.3 What this Policy Does Not Cover.
This Policy does not cover information about our employees, contractors or job candidates, nor the practices of portfolio companies, social media platforms or other third-party sites to which the Site links, which are governed by their own policies.
1.4 Relationship to the Investor Privacy Notice.
Individuals who subscribe for an investment in a series of the Fund receive a separate privacy notice with their subscription documents. That notice governs the nonpublic personal information collected in the course of the investment, and it controls over this Policy with respect to that information to the extent of any inconsistency.
1.5 Acknowledgment.
By using the Site or by submitting information to us, you acknowledge that you have read this Policy. If you provide us with personal data about another person, such as a spouse, a beneficial owner, a trustee or an authorized signatory, you confirm that you are authorized to do so and that you have made this Policy available to that person.
SUMMARY OF KEY POINTS
- We collect the contact and investor profile information that you submit, the documentation needed to verify that you are an accredited investor and to complete identity and sanctions checks, and technical data about your use of the Site.
- We use personal data to respond to you, to determine whether you are eligible to invest, to operate and secure the Site, to communicate with you about Apogee and to comply with the law.
- We disclose personal data to service providers, professional advisors, regulators and successors, and we do not sell it or share it for cross-context behavioral advertising.
- We keep verification records for an extended period because the law places on the Fund the burden of proving that every investor was verified.
- You may have rights to access, correct and delete your personal data, which you can exercise by writing to info@apogeevcfund.com.
PERSONAL DATA WE COLLECT
The table below describes the categories of personal data that we collect, with examples of each category and the principal purposes for which we use it.
| Category | Examples | Principal Purposes |
|---|---|---|
| Identifiers and contact information | First and last name, email address, telephone number, mailing address, organization, title and the credentials that we issue for the investor portal. | To respond to requests, to manage access to restricted areas and to communicate with you. |
| Investor profile information | Self-reported investor type, such as family office, high net worth individual, institutional, venture or strategic investor, stated areas of interest, anticipated investment amount and the basis on which you claim accredited investor status. | To assess eligibility, to tailor the information that we provide and to keep records of the offering. |
| Verification documentation | Tax returns, Forms W-2 and 1099, Schedules K-1, bank, brokerage and other account statements, credit reports, and written confirmations from a registered broker-dealer, registered investment adviser, licensed attorney or certified public accountant. | To take the reasonable steps required by Rule 506(c) to verify accredited investor status and to evidence that verification. |
| Identity, anti-money laundering and tax information | Government-issued identification, date of birth, taxpayer identification number, citizenship and residence, formation documents of entities, information about beneficial owners and control persons, source of funds and Forms W-9 or W-8. | To comply with anti-money laundering, sanctions and tax obligations and to prevent fraud. |
| Device and usage data | IP address, approximate location derived from it, browser and device type, operating system, referring page, pages viewed, documents opened or downloaded in the data room, and the date and time of each visit. | To operate, secure and improve the Site and to keep records of access to confidential materials. |
| Communications | The content of emails, forms, messages and call or meeting notes, and your marketing preferences. | To respond to you, to document our dealings with you and to honor your preferences. |
We do not seek to collect information about race, religion, health, sexual orientation or other similarly sensitive characteristics, and we ask that you not include such information in your communications with us.
SOURCES OF PERSONAL DATA
We obtain personal data from the following sources.
(a) We obtain it directly from you, when you complete a form, correspond with us, attend a meeting or use a restricted area of the Site.
(b) We obtain it automatically from your device, through cookies, server logs and similar technologies, when you browse the Site.
(c) We obtain it from third parties, such as accredited investor verification providers, identity verification and sanctions screening services, public records and databases, professional networking platforms, persons who refer you to us and the advisors or representatives who act on your behalf.
HOW WE USE PERSONAL DATA
We use personal data for the following purposes.
(a) We use it to respond to Investor Access requests and other inquiries and to provide the information and documents that you request.
(b) We use it to assess and verify your eligibility to invest, including your status as an accredited investor, and to complete identity, anti-money laundering and sanctions checks.
(c) We use it to process subscriptions and, if you become an investor, to administer your investment, subject to the separate investor privacy notice.
(d) We use it to operate, maintain, secure and improve the Site, including to detect and prevent fraud, unauthorized access and other misuse.
(e) We use it to send you updates, invitations and other communications about Apogee, which you may decline at any time.
(f) We use it to comply with legal, regulatory, tax and recordkeeping obligations, to respond to lawful requests from authorities and to establish, exercise or defend legal claims.
(g) We use it in connection with a merger, financing, reorganization or transfer of all or part of our business.
We do not use Investor Access submissions to make any investment decision on your behalf, submitting a form does not by itself qualify you to invest, and we do not make decisions that produce legal effects for you solely by automated means.
COOKIES AND SIMILAR TECHNOLOGIES
6.1 Technologies We Use.
The Site may use cookies, pixels, local storage and server logs. Strictly necessary technologies enable core functions such as security, session management and access to the investor portal. Preference technologies remember your settings. Analytics technologies help us understand how visitors use the Site so that we can improve it.
6.2 Analytics Providers.
Analytics services may be provided by third parties that collect device and usage data on our behalf. We do not permit those providers to use that data for their own advertising purposes.
6.3 Your Choices.
You can control cookies through your browser settings and, where the Site offers one, through its cookie preference tool. Disabling cookies may limit some functionality, and strictly necessary technologies cannot be disabled without affecting the operation of the Site.
6.4 Browser Signals.
The Site does not currently respond to Do Not Track signals, because no common standard for them has been adopted. Because we do not sell personal data or share it for cross-context behavioral advertising, there is no sale or sharing from which an opt-out preference signal would remove you.
HOW WE DISCLOSE PERSONAL DATA
We disclose personal data to the following categories of recipients and only to the extent reasonably necessary for the purposes described in this Policy.
(a) We disclose it to service providers that act on our behalf, such as providers of hosting, investor portal and data room services, electronic signature, customer relationship management, email delivery, analytics, security, accredited investor verification and identity and sanctions screening, in each case under contractual obligations to protect the data and to use it only to provide services to us.
(b) We disclose it among the Apogee entities and to our affiliates that participate in the operation of the Fund.
(c) We disclose it to the fund administrator, legal counsel, auditors, tax advisors, banks, custodians and other professional advisors of the Fund.
(d) We disclose it to regulators, tax authorities, law enforcement agencies, courts and other authorities where we believe that disclosure is required by law, regulation or legal process, or is necessary to protect the rights, property or safety of Apogee, its investors or others.
(e) We disclose it to portfolio companies and transaction counterparties where information about the ownership of a series is required in connection with an investment or an exit, which ordinarily concerns only persons who have become investors.
(f) We disclose it to a successor or prospective successor in connection with a merger, financing, reorganization, dissolution or transfer of all or part of our business, subject to confidentiality obligations.
(g) We disclose it to other persons with your consent or at your direction.
We do not sell personal data, we do not share it for cross-context behavioral advertising, and we do not provide it to third parties for their own marketing purposes. We have not done so in the preceding twelve (12) months.
NONPUBLIC PERSONAL INFORMATION OF INVESTORS
The Fund is a financial institution for purposes of the Gramm-Leach-Bliley Act and of the privacy and safeguards rules of the Federal Trade Commission. We do not disclose the nonpublic personal information of individual investors or prospective investors to nonaffiliated third parties, except to the service providers and other recipients described above and as otherwise permitted or required by law. Because we do not make disclosures that would give rise to a right to opt out under those rules, no opt-out mechanism is provided. Individual investors receive an initial privacy notice with their subscription documents and updated notices as required.
SENSITIVE INFORMATION
Government-issued identification, taxpayer identification numbers, tax documents, account statements and similar records are collected only to the extent necessary to verify your eligibility and to comply with legal obligations. Access to them is limited to the personnel and service providers who need them for those purposes, they are not used for marketing or to infer characteristics about you, and they are not disclosed except as described in this Policy. We ask that you deliver this documentation only through the secure portal or the verification provider that we designate, and not by ordinary email.
DATA RETENTION
10.1 General Criteria.
We retain personal data for as long as reasonably necessary to fulfill the purposes for which it was collected, taking into account the nature of the data, the existence of an ongoing relationship with you, the applicable limitation periods and our legal, regulatory, tax and recordkeeping obligations, after which the data is deleted or anonymized.
10.2 Indicative Periods.
Inquiries that do not lead to the delivery of offering materials are generally retained for up to two (2) years after our last contact with you. Records that evidence the verification of accredited investor status, the identity and sanctions checks and the delivery of offering materials are retained for no less than five (5) years following the close of the relevant offering, because the Fund bears the burden of demonstrating its compliance with the exemption on which it relies. Records relating to persons who become investors are retained for the life of the relevant series and for the period thereafter that the law requires.
10.3 Backups.
Residual copies may remain in backup systems for a limited period after deletion, during which they remain protected as described in this Policy.
SECURITY
11.1 Safeguards.
We maintain a written information security program with administrative, technical and physical safeguards designed to protect personal data against unauthorized access, use, alteration and destruction. Those safeguards include access controls based on need to know, encryption of data in transit, the use of secure portals for sensitive documentation, the assessment of service providers and the training of personnel.
11.2 Your Role.
No method of transmission or storage is completely secure. You can help protect your information by keeping your portal credentials confidential, by using the secure channels that we designate and by notifying us promptly of any suspected unauthorized access.
11.3 Incidents.
If a security incident affects your personal data, we will notify you and the competent authorities as required by applicable law.
YOUR PRIVACY RIGHTS AND CHOICES
12.1 Rights.
Depending on your state or country of residence, and subject to the exceptions provided by law, you may have the right to confirm whether we process your personal data and to access it, to obtain a copy of it in a portable format, to correct inaccuracies, to request its deletion, to opt out of certain uses and to appeal our decision on a request.
12.2 How to Exercise Your Rights.
You may submit a request to info@apogeevcfund.com or by mail to the address set out at the end of this Policy. We will respond within the period required by the law applicable to us, which is generally forty-five (45) days and may be extended once where reasonably necessary.
12.3 Verification and Authorized Agents.
Before acting on a request we will take reasonable steps to verify your identity, which may require you to confirm information that we already hold. If an agent submits a request on your behalf, we may ask for evidence of the authority of that agent and may verify your identity directly with you.
12.4 Appeals.
If we decline a request, we will explain why, and you may ask us to reconsider by replying to our response within a reasonable time. If the appeal is denied, you may contact the attorney general of your state of residence.
12.5 Limits on Deletion.
Certain information must be retained despite a deletion request where the law requires or permits us to keep it, as is the case with records of investor verification, of identity and sanctions checks and of completed investments.
12.6 Marketing Communications.
You may opt out of marketing emails at any time by using the unsubscribe link in the message or by writing to the address above. We may continue to send you communications that are necessary in connection with a pending request or an investment.
12.7 No Discrimination.
We will not discriminate or retaliate against you for exercising any of these rights.
ADDITIONAL INFORMATION FOR RESIDENTS OF CERTAIN STATES
13.1 California.
To the extent that the California Consumer Privacy Act applies to us, the categories of personal information that we have collected in the preceding twelve (12) months, their sources, the purposes of their collection and the categories of recipients are those described in this Policy. We do not sell or share personal information as those terms are defined in that Act, we do not use or disclose sensitive personal information for purposes other than those that the Act permits without a right to limit, and we do not knowingly sell or share the personal information of consumers under 16 years of age. Personal information that is subject to the Gramm-Leach-Bliley Act is exempt from most provisions of that Act. California residents may also request information about the disclosure of personal information to third parties for their direct marketing purposes, and we make no such disclosures.
13.2 Nevada.
We do not sell covered information as defined under Nevada law. Nevada residents may nonetheless submit a request to be excluded from any future sale by writing to the address above.
13.3 Other States.
Residents of other states with comprehensive privacy laws may exercise the rights described in the preceding Section in the manner described there. We do not process personal data for targeted advertising or for profiling in furtherance of decisions that produce legal or similarly significant effects.
VISITORS OUTSIDE THE UNITED STATES
14.1 Location of Processing.
The Site is operated from the United States and is directed to persons located in the United States. If you access the Site from another country, your personal data will be transferred to and processed in the United States and in other countries where our personnel and service providers are located, whose data protection laws may differ from those of your country.
14.2 Legal Bases.
Where the law of your country requires a legal basis for processing, we rely on the steps taken at your request before entering into a contract, on compliance with our legal obligations, on our legitimate interests in operating the Site, conducting the offering and protecting our business, and on your consent where we ask for it, which you may withdraw at any time.
14.3 Transfers and Complaints.
Where required, we rely on appropriate safeguards for international transfers, such as standard contractual clauses. You may also have the right to lodge a complaint with the data protection authority of your country.
CHILDREN
The Site is not directed to individuals under 18 years of age, and we do not knowingly collect personal data from them. If we learn that we have collected such data, we will delete it.
THIRD-PARTY SITES AND SOCIAL MEDIA
The Site may contain links to third-party websites and to our pages on social media platforms. Your interactions with those sites and platforms are governed by their own privacy policies, and we encourage you to review them.
CHANGES TO THIS POLICY
We may update this Policy from time to time. Changes will be reflected in an updated Last Updated date, and where a change is material we will provide additional notice as appropriate, such as a notice on the Site or an email to the address that we hold for you.
CONTACT
Questions about this Policy and requests to exercise your rights may be directed to info@apogeevcfund.com or by mail to Apogee Diversified Manager LLC, Attention Privacy, 2106 House Ave Suite 375, Cheyenne, Wyoming 82001.