How we use your information
As we develop our relationship with investors, it is important that we collect and share personal client information with Affiliates and key service providers in order to manage your accounts. Protecting your privacy is important to us and we want you to know how we treat your nonpublic personal information.
The policy of Fairway America is to protect the confidentiality, integrity, and security of any nonpublic personal information of its investors and prospective investors, and to prevent unauthorized access to, or the use or disclosure of such information. As we accept new investors who complete subscription agreements, we collect nonpublic personal information for purposes of conducting our business. Any and all such nonpublic personal information is hereinafter referred to as “nonpublic personal information.” For convenience, “you” or “your” refers to any and all investor(s) described above and “we,” “our,” and “us” refers to Fairway throughout this document.
- Our Commitment to You
We are committed to safeguarding the use of your nonpublic personal information. We protect the security and confidentiality of the nonpublic personal information we have collected, and make efforts to ensure that such information is used for proper business purposes in connection with the management or servicing of your account and our Offerings. Our relationship with you is our most important asset. We understand that you have entrusted us with your nonpublic personal information, and we do everything we can to maintain that trust.
Importantly, we do not sell your nonpublic personal information to anyone. We only provide such information to others in connection with the servicing and management of your account, managing our Offerings, analyzing investor demographics in an effort to execute more effective marketing activities, and operating Fairway’s business.
Companies related by common ownership or control. They can be financial and non-financial companies. We only share your nonpublic personal information with Affiliates in connection with the operation of our business, the servicing and management of your account, and managing our Offerings. For example, our administrator and technology solutions provider, Verivest LLC, is our Affiliate and provides administration and technology services, including processing investor subscriptions and redemptions.
Companies not related by common ownership or control. They can be financial and non-financial companies. We only share your nonpublic personal information with non-Affiliate service providers as described in this Policy.
“Key Service Providers”
Non-affiliate companies that provide critical administrative and financial services to Fairway. The key service providers referenced herein are NCPS and Forge Trust Company.
A formal agreement between non-affiliated financial companies that together market financial products or services to you. We do not engage in joint marketing.
- Nonpublic Personal Information Collected
Fairway America and its Affiliates collect (or may collect) the following types of nonpublic personal information in order to conduct their businesses and manage the Fairway Offerings:
- Information you provide in connection with a subscription in one of the Fairway Offerings, including your name, address, email address, telephone number, other contact information, social security number, tax ID number, assets, income, investment objectives, financial situation, and debt. This information is obtained (or may be obtained) in writing, in person, by telephone, electronically, or by any other means;
- Information our Affiliates obtain (or may obtain) for the purpose of tax reporting to you and to the various agencies to which we report as required by law, including disclosures on various Internal Revenue Service (“IRS”) forms;
- Information that relates to your account balance, capital contributions, redemptions and distributions, and any other transactions concerning which we provide investment advisory services or investment management services;
- Information from non-Affiliates pursuant to law, rules, regulations, standard securities industry practice or legal process, including information and/or documents received, shared, produced or provided in connection with a subpoena, discovery request, or other legal process compelling production; and
- Information from non-Affiliates related to servicing your account for purposes of providing investment management services.
- Nonpublic Personal Information Disclosed to Affiliates and Non-affiliated Third Parties
We disclose to Affiliates and non-Affiliates nonpublic personal information in connection with us providing investment management services, conducting our investment advisory business, and analyzing our investor demographics in an effort to execute more effective marketing activities. Such disclosures include, among other things, information related to transactions, settlement, billing, communications, contact information, net worth, investment activities, payment, processing, clearing, transferring, reconciling, collection, and tax reporting. Such disclosures may be provided to Affiliates and non-Affiliates as required or necessary to carry out fully and properly our business, such as:
- Disclosures to Affiliates and non-Affiliate service providers who supply us with computer related services including data maintenance and document processing and delivery;
- Processing services, and disclosures to Affiliates and non-Affiliates, such as custodians, administrators, accountants, auditors, legal firms, etc.;
- Broker dealer services through NCPS;
- As required by law or legal process;
- Analyzing profiles of investor demographics in an effort to execute more effective marketing activities;
- For purposes of making you aware of future investment opportunities available through our Affiliates.
- Former Investors
Except as required to continue the management of our Offerings or to comply with regulatory books and records and other requirements, we will disclose nonpublic personal information about former investors in our Offerings only for the purpose of analyzing investor demographics or as permitted or required by law or legal process, or with the former investor’s consent.
- When You Can Limit Sharing
Federal law gives you the right to limit the sharing of your nonpublic personal information, when: (1) sharing is for Affiliates’ everyday business purposes, (2) sharing with Affiliates is done to use your information to market to you, and (3) sharing with non-Affiliates is done to use your information to market to you. We do not share your information in any of these ways, except for purposes of making you aware of future investment opportunities available through our Affiliates and, to the extent an affiliated service provider requires such information, to manage your account and investment in our Offerings. We may also share your nonpublic personal information with non-Affiliates to improve our profile of investor demographics and similar activities. State laws and individual companies may give you additional rights to limit sharing.
- Confidentiality and Security of Nonpublic Personal Information
We are committed to implementing and maintaining commercially reasonable and appropriate measures to maintain your nonpublic personal information in a secure and confidential fashion. Our information security procedures include, but are not limited to, the following features:
- Access controls on customer information systems, including controls to authenticate and permit access only to authorized individuals, and controls to prevent our employees from providing nonpublic personal information to unauthorized individuals;
- Physical access restrictions at locations such as buildings, computer facilities, and record storage facilities, in order to restrict access of nonpublic personal information to unauthorized individuals;
- Segregation of duties for our employees with responsibilities necessitating access to nonpublic personal information;
- Response programs that specify actions to be taken when we suspect or detect that unauthorized individuals may have gained access to nonpublic personal information; and
A disaster recovery plan to protect against loss or damage to nonpublic personal information due to potential hazards, such as fire and water damage or technological interruption or failure.
- Maintenance of Records
Nonpublic personal information about you will be maintained during the time you are an investor, and for the time thereafter that such records are required to be maintained by federal and state securities laws and relevant document retention laws and regulations.
- Notice to Investors
- Opting Out
Section 502(a) of the Gramm-Leach-Bliley Act generally prohibits a financial institution, directly or through its Affiliates, from sharing nonpublic personal information with a non-Affiliate unless the institution (i) provides the consumer with a notice of the institution’s privacy policies and practices, (ii) provides the consumer with a clear and conspicuous notice that the consumer’s nonpublic personal information may be disclosed to non-Affiliates, (iii) gives the consumer an opportunity to opt out of that disclosure, and (iv) informs the consumer how to opt out.
Investors can opt out of allowing Fairway to share nonpublic personal information with non-Affiliated third parties for purposes of better understanding Fairway’s investor demographic profile and similar purposes by emailing email@example.com. Because the sharing is necessary to managing your investments with Fairway, investors cannot opt out of allowing Fairway America to share their nonpublic personal information with NCPS, Forge Trust Company, or other Key Service Providers whose services are necessary to the servicing of an investor in one of Fairway’s offerings.
- Requests for Information
16150 SW Upper Boones Ferry Road
Portland, OR 97224
FAIRWAY AMERICA, LLC
WHAT INFORMATION WE COLLECT
We collect certain nonpublic personal information about you (such as your name, address, social security number, contact information, etc.) that you provide on subscription agreements, custodian or brokerage applications, or other forms as well as communications (electronic, telephone, written or in person) with you or your authorized representatives (such as your attorney, accountant, etc.), including through our affiliates. We also collect information about your accounts with us to manage our private funds and other offerings.
WHAT INFORMATION WE DISCLOSE
Fairway America does not disclose the nonpublic personal information we collect about our investors to anyone except: (1) in furtherance of our business relationship with investors, and then only to those persons necessary to effect the transactions and provide the services that investors authorize (this includes key service providers such as broker-dealers, administrators, technology providers, custodians, independent managers, etc.) and to affiliates for purposes of making you aware of future investment opportunities available through our affiliates; (2) with non-Affiliates to analyze investor demographics in an effort to better understand our investor demographic profile and better execute more effective marketing activities. (3) to persons assessing our compliance with industry standards (e.g., professional licensing authorities, etc.); (4) our attorneys, accountants, and auditors; or (5) as otherwise provided by law.
SECURITY OF YOUR INFORMATION
We restrict access to your nonpublic personal information to those employees who need to know that information to service your account. We maintain physical, electronic, and procedural safeguards that comply with applicable federal or state standards to protect your nonpublic personal information.
Our policy about obtaining and disclosing information may change from time to time. We will provide you notice of any material changes to the policy.
Investors cannot opt out of allowing Fairway America to share their nonpublic personal information with affiliated or non-affiliated third parties who are necessary to service their accounts, including Key Service Providers. Investors may opt out of us sharing information with affiliates for purposes of making you aware of future investment opportunities available through those affiliates. Investors may also opt out of sharing with non-Affiliates for purposes of analyzing investor demographics by emailing firstname.lastname@example.org. You may do so by contacting CCO Michael Holman via email at email@example.com.
REQUESTS FOR INFORMATION
1 As required by Title V of the Gramm-Leach-Bliley Act and United States Securities and Exchange Commission (“SEC”) Regulation S-P (17 CFR 248.1 – 248.30)