Terms of Use, Privacy Policy and Regulatory Disclosure

Last Updated February 27, 2024

These Terms of Use and Privacy Policy (together, the “Terms”) apply to your access and use of the Lindsay Goldberg website located at https://www.lindsaygoldbergllc.com (the “Site”). “Lindsay Goldberg,” “we,” “our” and “us” includes Goldberg Lindsay & Co. LLC and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents.

You can read our Privacy Policy by scrolling down or by clicking here.

By using or accessing the Site you agree to these Terms, as updated from time to time in accordance with Section 9 below.

  1. Access and Conduct. By accessing the Site you confirm that:
    1. You are at least eighteen (18) years of age;
    2. You will not use the Site for any illegal purpose, or in violation of any local, state, national, or international law;
    3. You will not interfere in any way with security-related features of the Site; and
    4. You will not access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without Lindsay Goldberg’s express written permission.
  2. Third Party Content. The Site may contain links to third party websites and services. Lindsay Goldberg provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that Lindsay Goldberg has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
  3. Intellectual Property. You acknowledge and agree that this Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site belong to Lindsay Goldberg, except third-party trademarks or service marks, which are the property of their respective owners. 
  4. If you violate these Terms, your permission to use the Site will automatically terminate. In addition, Lindsay Goldberg in its sole discretion may suspend or terminate some or all of your access to the Site at any time, with or without notice to you.
  5. DISCLAIMERS OF WARRANTIES.THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALTHOUGH LINDSAY GOLDBERG SEEKS TO MAINTAIN SAFE, SECURE, ACCURATE, AND WELL-FUNCTIONING SERVICES, WE CANNOT GUARANTEE THE CONTINUOUS OPERATION OF OR ACCESS TO OUR SITE, AND THERE MAY AT TIMES BE INADVERTENT TECHNICAL OR FACTUAL ERRORS OR INACCURACIES. LINDSAY GOLDBERG SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIMS (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. YOU ASSUME ALL RISK FOR ANY/ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE. LINDSAY GOLDBERG DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES IN THE INFORMATION, CONTENT, RECOMMENDATIONS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE. 
  6. You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless Lindsay Goldberg from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Lindsay Goldberg reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
  7. LIMITATION OF LIABILITY.BY ACCESSING THIS SITE AND/OR PROVIDING US WITH PERSONAL INFORMATION AND OTHER DATA, YOU EXPRESSLY AND UNCONDITIONALLY RELEASE AND HOLD US HARMLESS FROM ANY AND ALL LIABILITY FOR ANY INJURIES, LOSS, OR DAMAGE OF ANY KIND ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE OR THE USE AND/OR MISUSE OF SUCH INFORMATION. IN ADDITION, WHILE WE TAKE EFFORTS TO ENSURE THE PROPER AND APPROPRIATE USE OF DATA BY OUR SERVICE PROVIDERS THAT MAY RECEIVE YOUR INFORMATION FROM US, WE ARE NOT RESPONSIBLE FOR ANY INJURIES, LOSS, OR DAMAGE OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE AND/OR MISUSE OF YOUR INFORMATION CAUSED BY THOSE SERVICE PROVIDERS. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL LINDSAY GOLDBERG BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT LINDSAY GOLDBERG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH HEREIN IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE WARRANTY DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
  8. Modification of the Site. Lindsay Goldberg reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that Lindsay Goldberg will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.
  9. Modification of the Terms. Lindsay Goldberg reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site.  Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will notify you about significant changes in the way we treat your information by placing a prominent notice on the Site; such material modifications are effective 30 calendar days after our initial notification. Otherwise, we will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to the Site. Your continued use of the Site following notice will be deemed acceptance of any modifications to the Terms.
  10. Governing These Terms, all questions concerning the construction, interpretation and validity of these Terms, the rights and obligations of you and Lindsay Goldberg, all claims or causes of action that may be based upon, arise out of or related to these Terms (whether arising in contract, tort or otherwise) and the execution or performance of these Terms (including, without limitation, any claim or cause of action based upon or arising out of or related to any representation or warranty made in or in connection with these Terms or as an inducement to enter into these Terms) shall be governed by and construed and enforced in accordance with the laws of the State of New York, but not including the choice of law rules thereof. To the fullest extent permitted by law, in the event of any dispute arising out of relating to these Terms (whether arising in contract, tort or otherwise), or the execution or performance of these Terms (including, without limitation, any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with these Terms or as an inducement to enter these Terms), you and Lindsay Goldberg hereby submit (unless otherwise agreed to by you and Lindsay Goldberg) to the exclusive jurisdiction of the federal and state courts of the State of New York.
    1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between you and Lindsay Goldberg regarding your use of and access to the Site, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
    2. No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. 
    3. Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. 
    4. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

Privacy Policy

Lindsay Goldberg is committed to protecting your personal information and this Privacy Policy describes the personal information that we collect about you, how we use and disclose this information, and the steps we take to protect this information. For purposes of this Privacy Policy, “personal information” means any information that relates to you as an individual and could reasonably be used to identify you. This Privacy Policy applies solely to information collected on the Site and any related websites, applications, tools, or platforms (together, the “Services”), as well as through any other means where a link or reference to this Privacy Policy is provided at the time of collection. This Privacy Policy describes the information that we gather from you, how we use and disclose your information, and the steps we take to protect your information. By using the Services, you consent to the privacy practices described in this Privacy Policy. If you are an investor with us, please see our Investor Privacy Notice for more information on how we use your personal information. For the purpose of applicable data protection laws, Goldberg Lindsay & Co. LLC is the data controller (if applicable).


Personal Information We Collect

When you access or use the Services, or otherwise interact with us, we may collect certain categories of personal information about you from a variety of sources.

Categories of personal information that we may collect from you directly include:

  • Basic personal information (for example, your name, date of birth, nationality);
  • Contact information (for example, your phone number, mailing address, email address);
  • Account information (for example, your username and password);
  • Communications (for example, submitted questions, marketing preferences, and any other information you choose to include in communications with us);
  • Background information (for example, education, work experience, employment history, and other information you provide when you apply for a job with us).

Categories of personal information that we may collect automatically include:

  • Technical information (for example, browser type, IP address, cookies, and operating system);
  • Usage information (for example, pages visited, search terms entered, frequency of visits, and other usage information obtained through the use of third-party software).

Categories of personal information that we may collect from other sources include:

  • Names and contact information from publicly available sources, such as third-party online platforms (including through public or licensed APIs) and government records;
  • Names and contact information from databases and lists purchased from third-party partners;
  • Reports from public records of criminal convictions or sex offender registrations, to the extent permitted by applicable laws and with your consent where required;
  • Background check reports from third-party service providers, to the extent permitted by applicable laws and with your consent where required;
  • Fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts.


How We Use Your Personal Information

We may use the personal information we collect for the following purposes:

  • Provide and improve the Services.We may use your personal information to provide and improve the Services, including maintaining your account, or otherwise in connection with the administration of our business and to fulfill our contractual obligations.
  • Risk mitigation and security.We may use your personal information for risk mitigation and security purposes, including to maintain the privacy and security of our data, to conduct internal audits or investigations, for data security testing and business continuity planning purposes, and to ensure the safety and security of our clients, staff and assets.
  • Communication and marketing.  We may use your personal information to communicate with you about the Services, respond to your questions, or offer you additional products or services. 
  • Comply with the law and exercise our rights.We may use your personal information as reasonably necessary to assess and ensure compliance with applicable laws, legal requirements, and company policies; to protect our assets or to investigate or defend against any claims of illegality or wrongdoing (including to obtain legal advice or to establish, exercise or defend legal rights); and in response to a court order or judicial or other government subpoena or warrant.
  • Corporate transaction.We may use your personal information in the event we undertake or are involved in or contemplating any merger, acquisition, reorganization, sale of assets, bankruptcy or insolvency event or other business transaction.
  • Recruitment and hiring.We may use your personal information to evaluate your candidacy when you apply for a job with us.
  • Manage our website.We may use your personal information to enable, analyze and improve our website, authenticate you, track pages viewed or messages opened, to personalize your browsing experience, and to provide you with tailored content.
  • With your consent. We may otherwise use personal information as you consent to it being used.


We may also aggregate, anonymize, or otherwise de-identify your personal information and use it for any purpose permitted by applicable law. 

Some jurisdictions require that we determine a “lawful basis” for processing personal information. Where such requirements exist, we rely on the following lawful bases for our processing activities: that you have consented to the processing; that the processing is necessary for the performance of our contract with you; that we have a legal obligation; or that we have a legitimate interest in providing and improving the Services and managing our business operations.


Cookies and Do Not Track

When you use the Site, we may send one or more cookies (which are small text files containing a string of alphanumeric characters) to your computer or mobile device, to help analyze our web page flow, customize our content, measure promotional effectiveness, and promote trust and safety. You are always free to decline our cookies if your browser permits, although doing so may interfere with your ability to use the Site or certain features of the Site. We may also use Google Analytics or a similar service that uses cookies to help us analyze how users use the Site.

Currently, various browsers offer a “Do Not Track” option or other mechanism for exercising your choice regarding the collection of your information when you visit various websites.  This Site, like many websites, does not respond to “Do Not Track” consumer browser settings, and we do not use or disclose your information in any way that would legally require us to recognize opt-out preference signals. To learn more about “Do Not Track” signals, you can visit http://www.allaboutdnt.com/.


How and When We Disclose Your Personal Information

We may disclose your personal information to the following categories of recipients, to be used only for legitimate purposes in keeping with this Privacy Policy:

  • Group companies and affiliates.  We may disclose, share, or transfer your information to any business entity that is part of our corporate family. 
  • Service providers and professional advisors.  We may disclose your information to third party vendors who provide services in support of our business operations, such as website development, marketing management, service optimization, and data analytics.  We may also disclose your personal information to our professional advisors such as our attorneys, accountants, and insurance providers.
  • Parties involved in a corporate transaction.  We may disclose your information to relevant third parties in the event of a divestiture, merger, consolidation, asset sale or other business transaction, or in the unlikely event of a bankruptcy.
  • Law enforcement or other governmental entities.  We may disclose your information if required to do so by law or if we believe in good faith that such action is necessary to comply with the law, prevent unlawful activity, defend our rights, or maintain security.
  • Other third parties with your consent.  We may disclose your information to any other third party where you have provided consent to such disclosure.


Security, Retention & Transfer of Personal Information

We have implemented and maintain technical and organizational measures designed to protect the confidentiality, integrity, availability and security of your personal information. Please note, however, that no security measures are perfect or impenetrable. We therefore cannot guaranty and do not warrant the absolute security of your personal information. We retain your personal information as long as is reasonably necessary to fulfill the purposes for which we collected it or to comply with the law, prevent fraud, facilitate an investigation, defend against legal claims, or exercise our legal rights. When determining the length of time to retain your information, we consider various criteria, including whether we need the information to comply with applicable law, provide the Services, resolve any dispute, enforce our contractual agreements, prevent harm, promote safety, security and integrity, or protect ourselves, including our rights, property or business.

Depending on your location, the personal information we collect about you may be transferred to a jurisdiction that does not provide the same level of protection of personal information as the jurisdiction in which you reside. Where such transfers occur, we have adopted appropriate safeguards to better protect your personal information, such as entering into standard contractual clauses, consistent with applicable legal requirements. You may contact us using the contact information provided below to learn more about the appropriate safeguards that apply to your personal information and to request a copy of such safeguards.


Your Rights and Choices

The Services are controlled and operated by Lindsay Goldberg in the United States. If you choose to access the Services from outside the United States, you acknowledge that you will be transferring your information, possibly including personal information, outside of those regions to the United States for storage and processing, as necessary to provide to you the Services.

You may decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Services. Once you have registered for an account with us, you may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page through the Services. If you do not wish to receive marketing communications from us, you can opt-out by using the unsubscribe process at the bottom of the email, but you may still receive transactional or administrative emails from us. Although your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.

Depending on the jurisdiction in which you reside, you may have the right to access, correct, delete, or restrict use of certain personal information; you may also have the right to request that we refrain from processing your personal information. For inquiries about your personal information, please contact us at privacy@lindsaygoldbergllc.com. While Lindsay Goldberg will use commercially reasonable efforts to accommodate your request, we also reserve the right to impose certain restrictions and requirements on such requests, if allowed or required by applicable laws.  Please note that it may take some time to process your request, consistent with applicable law.


Children’s Privacy

We do not knowingly collect or maintain information from persons under 18 years of age (“children”), and no part of the Services is directed to children. If you are under 18 years of age, then please do not use or access the Services at any time or in any manner. If we learn that information has been collected through the Services from children and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child has provided us with personal information without your consent, please contact us using the contact information below to request that we delete the information from our systems.


California Residents

Supplemental to the above, the following additional information pertains to California residents only.

Collection and Use of Personal Information

  • Categories of personal information collected about California residents in the past twelve months include identifiers (like your name or contact information); information about your Internet activity (like your interaction with the Site); and professional, employment or education information.  For examples of specific pieces of personal information collected, please see the “Personal Information We Collect” section above.
  • Categories of personal information disclosed for a business purpose about California residents in the past twelve months include identifiers (like your name or contact information); information about your Internet activity (like your interaction with the Site); and professional, employment or education information. 
  • We may collect certain personal information that may be considered sensitive under California law, such as username and password, but we only use and disclose such information for purposes expressly permitted under California law.
  • Lindsay Goldberg does not “sell” or “share” personal information (as these terms are defined under California law) to third parties, nor have we done so in the preceding 12 months. Further, we do not have actual knowledge that we “sell” or “share” personal information of residents under 16 years of age.

Your California Privacy Rights

As a California resident, you may have the rights listed below with respect to your personal information. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law.

  • To request to know about our collection, use, and disclosure of your personal information.
  • To request the deletion of personal information.
  • To request the correction of your personal information.

Finally, you have the right to not be discriminated against as a result of exercising your privacy rights.  Accordingly, unless permitted by law, we will not deny you goods or services, charge you different prices or rates for goods or services, provide you a different level or quality of good or services, or suggest you will receive a different price or rate for goods or services or a different level or quality of goods or services.

To exercise your rights, you may contact us by e-mail at privacy@lindsaygoldbergllc.com or call (855) 651-1100.  In order to fulfill your request, we may require additional personal information for purposes of verifying your identity.  You may designate, in writing or through a power of attorney document, an authorized agent to make requests on your behalf to exercise your rights. If you make a request through an authorized agent, we may require additional information to verify your authorization of the agent.  


Changes to Privacy Notice

We reserve the right to make changes to this Privacy Policy at any time, without notice to you.  We will notify you about changes that significantly impact our use of your personal information by placing a prominent notice on this Site or by sending you an email. Please revisit this page periodically to stay aware of any changes to this Privacy Policy. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Privacy Policy in effect at the time the dispute arose.

 Regulatory Disclosure

Under the Financial Instruments and Exchange Act of Japan, Business Operators of Specially Permitted Businesses for Qualified Institutional Investors, etc. are required to make available to the public certain information. If you would like to obtain such information as to Lindsay Goldberg GP VI LLC, please make a request via email to legal@lindsaygoldbergllc.com and indicate your name, company name, position and email address, and such information will be sent to you via email promptly after your request.


Contact Us

Please contact us with any questions, comments or concerns about this Privacy Notice or our use of your personal information by e-mail at privacy@lindsaygoldbergllc.com or by mail at 630 Fifth Avenue, 30th Floor, New York City, New York 10111.

 

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