Terms of Use

These Terms of Use govern your access and use the website of Bertram Capital Management, LLC (“Bertram”). By accessing or using this website, you acknowledge that you have read these Terms of Use in their entirety and agree to abide by them. If you do not agree to these Terms of Use for any reason, please do not use this website. Bertram may change, add or remove portions of these Terms of Use from time to time and any modifications will be effective immediately unless we indicate otherwise. We suggest that you review these Terms of Use periodically for changes.

This website is intended solely to provide information for our intermediaries and prospective portfolio companies. The information contained herein does not constitute investment advice, or an offer to sell, or the solicitation of any offer to buy any interests in Bertram Capital Management, LLC and/or its affiliates (together, “Bertram,” “our,” “us,” “we” or “company”) or any of the private funds that it advises, nor is it intended to be used for marketing purposes to any existing or prospective investor in any jurisdiction, and is subject to correction, completion and amendment without notice. A solicitation of any offer to buy such interests may only be made at the time a qualified offeree receives a confidential offering memorandum describing the offering and related subscription agreement. Bertram provides investment advisory services only to the privately offered funds it advises and does not solicit or make its services available to the public or other advisory clients.

This website has not been approved or disapproved by (a) the United States Securities and Exchange Commission or any other United States federal or state regulatory authority or (b) any federal or state regulatory authority of any member state of the European Economic Area, and no such commission or authority has passed upon the merits, accuracy or adequacy of this content, nor is it intended that any will.

It is not our intention to state, indicate or imply in any manner that current or past results are indicative of future results or expectations. Past performance has no predictive value and is no indicator of future performance. The information provided on this website, including information regarding Bertram and current and historical portfolio companies, is not intended to recommend any company or investment described herein and is not an offer or sale of any security or investment product or investment advice. Representative investments are not to be considered a complete list of all investments made or currently held. Any specific companies listed or discussed do not represent any or all companies purchased, sold or recommended since inception. One should not assume that all investments in the companies identified are, or will be, profitable.

The information on this website does not constitute the provision of investment, tax, legal or other professional advice. As with all investments, there are associated risks and you could lose money investing - including, potentially, your entire investment. Prior to making any investment, a prospective investor should consult with its own investment, accounting, legal and tax advisers to evaluate independently the risks, consequences and suitability of that investment.

All content included on this website is the property of Bertram or others and is protected by copyright and other laws. All trademarks and logos displayed on this website are the property of their respective owners, who may or may not be affiliated with Bertram.

You may not access this website or use the information contained in this website for any illegal purpose or in any manner inconsistent with these Terms of Use. You agree to access this website and use the information contained herein solely for your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.

You represent to Bertram that you have the authority to visit this website according to the Terms of Use. This website is only intended for individuals who are at least 18 years of age. We do not knowingly encourage or solicit visitors to this website who are under the age of 18 or knowingly collect personal information from anyone under the age of 18 without parental consent. If we learn we have collected or received personal information from an individual under the age of 18, we will delete that information.

At certain places on this website we provide links to other websites operated by other entities, including links to portfolio company websites. In addition, third-parties may link to this website, with or without Bertram’s consent. These links are provided for convenience only and Bertram makes no warranty or representation regarding, does not endorse, approve or certify these websites, the contents thereof, their security or privacy policies, or any products/services that may be offered by them and does not assume responsibility for the accuracy, completeness or timeliness of the information located on such websites, nor do they necessarily indicate any affiliation between us and the owner(s) of such websites. If you access any third party website through this website or because it is referred to in this website, you do so at your own risk and we encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.

No reliance may be placed for any purpose on the information and opinions contained herein or their accuracy or completeness, and nothing contained herein may be relied upon in making any investment decision.

You acknowledge that we provide the contents of this website on an "as is" basis with no warranties of any kind. We disclaim all representations and warranties, express or implied of any kind with respect to this website, including warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property and proprietary rights. Without limiting the foregoing, we do not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, speed or delivery of this website or any part of the information contained in this website. Your use of this website and use or reliance upon any of the materials on it is solely at your own risk.

Neither we nor any of our affiliated partners, members, directors, officers, employees, agents or representatives are responsible for any damages, liabilities or injury, including but not limited to indirect, incidental, special, exemplary, punitive or consequential damages, or for any lost profits or losses, however caused, arising out of your use of (or inability to use) this website or these Terms of Use. Our liability is limited to the maximum extent permitted by law and is limited even if we have been advised of the possibility of the damages, liability or injury that you suffer or if any remedy you have fails of its essential purpose, including any damages, liabilities or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction.

In exchange for using this website, you agree to indemnify and hold Bertram and its affiliated partners, members, directors, officers, employees, agents and representatives harmless against any and all claims, losses, liabilities, costs and expenses (including, but not limited to, attorneys' fees) arising from your use of this website, from your violation of these Terms of Use or from any decisions that you make based on such information.

Notwithstanding the foregoing, nothing contained in preceding paragraphs or elsewhere in these Terms of Use shall constitute a waiver by you of any of your legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived.



Website Privacy Policy

Visitors that are residents of California should refer to our California Website Privacy Policy Supplement below.

Your privacy is important to Bertram Capital Management, LLC and its affiliates (together, “Bertram,” “our,” “us,” “we” or “company”). To better protect your privacy, we are providing information explaining our online information practices.

This Website Privacy Policy (this “Privacy Policy”) describes how we gather and use information for visitors of this website. Please read this Privacy Policy carefully. If you do not agree with any of the terms and conditions contained herein, please do not access or otherwise use this website.

This Privacy Policy constitutes a legally binding agreement between Bertram and you, the user of this website. By entering and using this website, you acknowledge your acceptance of, and agree to be bound by, the Privacy Policy stated herein, our Terms of Use shown above and all additional terms incorporated by reference herein. If you do not agree to this Privacy Policy, please do not access or use this website.

THE INFORMATION WE COLLECT AND HOW WE USE IT

Various types of information are collected from users of this website. For example, knowing how users use our website - tracking their movement through this website - helps us improve website design and usefulness. As a result, Bertram collects general data pertaining to users, including the length of time spent on this website, the pages accessed while visiting the website and Internet Protocol (IP) addresses. Bertram generally does not, however, collect any personally identifiable information such as names, home addresses or e-mail addresses from users of this website, unless a user submits such information to us via our “Contact” page.

To the extent that you provide us with any personally identifiable information through or in connection with this website, we may use such information for Bertram’s business purposes, but will not disclose any personally identifiable information about you to anyone, except as permitted or required by law or regulation and to service providers. In providing personally identifiable information to Bertram, you consent to Bertram’s use of such personally identifiable information for the purposes described in this Privacy Policy.

Unfortunately, the transmission of information and data via the Internet is not completely secure. Although we make an effort to protect your personal data, we cannot guarantee the security of any information or data transmitted to or through our website; any transmission of information or data by you to or through this website is at your sole risk.

COOKIES

Information regarding how you access this website (e.g., browser type, access times and Internet Protocol (IP) address) and your hardware and software is automatically collected through the use of cookies (a small text file placed on your hard drive) or other technologies or tools. This information is used to improve website performance and for our business purposes. Where cookies are not necessary for Bertram’s business purposes or for the functioning of this website, we will ask you to consent to their use. You may opt-in to accept cookies automatically by changing the settings on your browser. If you opt-out of certain cookies, you may not be able to access certain parts of this website. You may wish to visit www.aboutcookies.org, which contains comprehensive information about types of cookies, how they are used and how you manage your cookie preferences.

NOTIFICATION OF CHANGES

We reserve the right to amend this Privacy Policy from time to time and for any reason, in our sole discretion, without notice, by updating this Privacy Policy. Accordingly, users are strongly encouraged to review our Privacy Policy regularly. If we decide to change our Privacy Policy, we will post those changes so our users are always aware of what information we collect, how we use it and under what circumstances, if any, we disclose it. If at any point we decide to collect personal information or use any collected information in a manner different from that stated at the time it was collected, we will notify users by posting changes on this page. We will use information only in accordance with the Privacy Policy under which the information was collected. Your continued access or use of this website following the posting of changes to this Privacy Policy means that you accept such revisions, changes and/or amendments. If you object to any of the changes to this Privacy Policy, please stop accessing this website. Please check this page frequently and review any changes to this Privacy Policy carefully so you are aware of any changes, as they are binding on you.

CONTACT US

If you have any questions or concerns about this Privacy Policy, please e-mail us at privacy@bcap.com.



California Website Privacy Policy Supplement

This California Website Privacy Policy supplements the Website Privacy Policy above with respect to specific rights granted under the California Consumer Privacy Act of 2018 (as amended, the “CCPA”) to natural person California residents and provides information regarding how such California residents can exercise their rights under the CCPA. This supplement is only relevant to you if you are a resident of California as determined in accordance with the CCPA. Information required to be disclosed to California residents under the CCPA regarding the collection of their personal information that is not set forth in this CCPA supplement is otherwise set forth in the Website Privacy Policy. To the extent there is any conflict with the privacy requirements under the Gramm-Leach-Bliley Act and/or Regulation S-P (“GLB Rights”), GLB Rights shall apply.

This Website Privacy Policy applies solely to your interactions with us through our Website (as defined below). If you provide personal information to use through another means (e.g., as an employee or seeking employment, as a client, or as an investor) you will receive a separate privacy notice and that notice will govern that personal information.

INFORMATION THAT WE COLLECT

We collect limited types of personal information through our website and investor reporting portals, as well as through other electronic communications (e.g., e-mails), as applicable (collectively, the “Website”). The types of personal information we collect about you depends on the nature of your interaction with us. Identifiers, such as name, contact details, telephone number and address (including physical address, e-mail address and Internet Protocol address), has been collected from individuals on this Website over the last twelve (12) months.

In connection with forming and operating our Website, your non-public personal information is collected and maintained from your communications with us in connection with this Website, including any update notices provided by you, and information captured on our Website, including registration information, information provided through online forms and any information captured via cookies.

Personal information that you provide to us may be combined with information that is collected from or about you from publicly available sources. This includes information collected in an online or offline context.

USE OF PERSONAL INFORMATION

We will use your personal information for one or more of the following business purposes: to perform services for you; to improve our Website; to communicate with you, including responding to requests for information submitted by you through our Website; to keep a record of your relationship with us; ongoing operations, administrative, accounting, reporting, account maintenance and other processes; to audit and verify the quality and effectiveness of our services and compliance; to detect security incidents and to protect against malicious, deceptive, fraudulent, or illegal activity; and to generally comply with U.S., state, local and non-U.S. laws, rules and regulations.

Additionally, we may use your personal information to keep you informed of our products and services, if you have provided your consent to us doing so, or where we have an existing relationship with you and we wish to contact you about products and services similar to those which we provide you, in which you may be interested. You may opt-in to certain kinds of marketing, or all forms of marketing at any time, by contacting us and you may unsubscribe to receiving e-mails by clicking on the "opt-out" or "unsubscribe" link provided in all our marketing e-mails.

SHARING PERSONAL INFORMATION

We do not sell any of the personal information we collect about you to third parties.

We do not disclose any non-public personal information about you to anyone, except as permitted or required by law or regulation and to affiliates and service providers, including but not limited to administrators, lenders, banks, auditors, law firms, governmental agencies or pursuant to legal process, self-regulatory organizations, consultants and placement agents. We may also disclose your information to other parties as may be required by law or regulation, or in response to regulatory inquiries.

Within the last twelve (12) months, we have shared each of the categories of personal information collected in connection with this website with affiliates and service providers as set forth above in “Information That We Collect.”

We may also share your personal information with applicable third parties in the event of a reorganization, merger, sale, acquisition, assignment, bankruptcy proceeding, or other disposition of all or a portion of our business, assets or shares.

SECURITY OF PERSONAL INFORMATION

We consider the protection of sensitive information to be a sound business practice, and to that end we employ appropriate organizational, physical, technical and procedural safeguards, which seek to protect your personal information in our possession or under our control to the extent possible from unauthorized access and improper use.

YOUR RIGHTS UNDER THE CCPA

Deletion Rights: You have the right to request that we delete any of your personal information that we retain, subject to certain statutory exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations. We will notify you in writing if we cannot comply with a specific request and provide an explanation of the reasons.

Disclosure and Access Rights: You have the right to request that we disclose to you certain information regarding our collection and use of personal information specific to you over the last twelve (12) months. Such information includes:

  • the categories of personal information we collected about you;
  • the categories of sources from which the personal information is collected;
  • our business or commercial purpose for collecting such personal information;
  • the categories of third parties with whom we share the personal information;
  • the specific pieces of personal information we have collected about you; and
  • whether we disclosed your personal information to a third party, and, if yes, the categories of personal information that each recipient obtained.

No Discrimination:We will not discriminate against you for exercising your rights under the CCPA, including by denying service, suggesting that you will receive, or charging, different rates for services or suggesting that you will receive, or providing, a different level or quality of service to you.

How to Exercise Your Rights:To exercise any of your rights under the CCPA, or to access this notice in an alternative format, please submit a request on your behalf using any of the methods set forth in the Contact us section below.

CONTACT US

For any requests relating to the exercise of your rights under the CCPA, or questions regarding our processing of your personal information, please submit or have your authorized representative submit a request using any of the methods set forth below.

  • Call us using the following toll-free number: +1 800 383 2015
  • E-mail us at the following e-mail address: privacy@bcap.com
  • Submit a request online using the following online form: https://www.bertramcapital.com/contact.

We will contact you to confirm receipt of your request under the CCPA and request any additional information necessary to verify your request. We verify requests by matching information provided in connection with your request to information contained in our records. Depending on the sensitivity of the request and the varying levels of risk in responding to such requests (for example, the risk of responding to fraudulent or malicious requests), we may request further information or your investor portal access credentials, if applicable, in order to verify your request. We may also verify your request through a service provider. You may designate an authorized agent to make a request under the CCPA on your behalf, provided that you provide a signed agreement verifying such authorized agent’s authority to make requests on your behalf, and we may verify such authorized person’s identity using the procedures above.

Our goal is to respond to any verifiable consumer request within forty-five (45) days of our receipt of such request, but in certain cases, additional time might be required.



EU WEBSITE PRIVACY POLICY SUPPLEMENT

This EU Privacy Policy describes how we gather and use information for visitors of this website that are from the EU and supplements the Privacy Policy of Bertram linked to this website with respect to EU users, as applicable. Please read this EU Privacy Policy carefully.

For the purposes of applicable EU laws, Bertram and its affiliated general partner will each be a data controller of any personal data collected by us.

We rely on various legal bases under applicable data protection legislation in order to process your personal information, including our legitimate interests, contractual necessity and as required by law. We use the personal information that is collected to operate our business and perform essential business operations. We do not collect any special categories of personal information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If we require your personal information due to a legal requirement or obligation or in order to perform a contract with you, we will make you aware of this at the time we collect your personal data, and the possible consequences of you failing to provide this personal data. Failure to provide this information means that we cannot provide our services or products to you. In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

Further information about the legal bases under which we process your personal information is included in the section headed “Use of Personal Information.”

You do not need to take any action as a result of this EU Privacy Policy, but you do have certain rights as described below in the section headed “Your Rights.”

HOW WE OBTAIN YOUR PERSONAL INFORMATION

Information you provide to us:

We collect your personal information when you decide to interact with us and we only collect the information necessary to carry out our business for the purposes set out below. You can provide us with personal information via e-mail, post, telephone or this website. We also collect information about you through automated technology.

Information provided by third parties or publicly available sources:

We also process information in relation to companies that we are evaluating in connection with a potential investment in or purchase of such companies. This personal information is obtained via third parties (i.e., the company in question).

USE OF PERSONAL INFORMATION

To the extent that you provide us with any personal information, through or in connection with this website (i.e., via telephone, e-mail or post), we may use such information to administer and protect our business and this website (legitimate interests). No automated decision-making, including profiling, is used when processing your personal information.

MARKETING

We may send you direct marketing communications to keep you informed of our products and services in which you might be interested either where we have obtained your prior consent or based on our legitimate business interests where we have an existing relationship with you and we wish to contact you about similar products or services in which you may be interested. You may opt-in to certain kinds of marketing, and all forms of marketing at any time, by e-mailing us at privacy@bcap.com. You can also click on the “opt-out”/unsubscribe link provided in all our marketing e-mails.

DISCLOSURE AND TRANSFER OF PERSONAL INFORMATION

Your personal information will be shared with and processed by our affiliates and certain service providers as necessary to fulfil the purposes set out in this policy, including professional advisors, recruitment firms, consultants, placement agents and data hosting providers. We seek to ensure that anyone who provides a service to, or for us, involving personal data enters into an agreement with us and meets our standards for data security. To the extent your personal information is transferred to countries outside of the EEA, such transfers will only be made in accordance with applicable data privacy laws. For further information about the safeguards/derogations used, please e-mail us at privacy@bcap.com.

We reserve the right to disclose your personal information as required by law, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator, national security, for the purposes of public importance or any other legal or investigatory process involving us. Should we, or any of our affiliated entities, be the subject of a takeover, divestment or acquisition we may disclose your personal information to the new owner of the relevant business and their advisors on the basis of our legitimate interest.

SECURITY AND RETENTION OF PERSONAL INFORMATION

We are committed to protecting the personal information you entrust to us. We adopt robust and appropriate technologies and policies, so the information we have about you is protected to the extent possible from unauthorized access and improper use. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

We will keep your personal information only for as long as is reasonably necessary for the purposes set out in this EU Privacy Policy, unless a longer retention period is required by law. We will not keep more information than we need for those purposes. For further information about how long we will keep your personal information, please e-mail us at privacy@bcap.com.

YOUR RIGHTS

You have the right to access the personal information we hold about you, and there are a number of ways you can control the way in which and what information we store and process about you. To exercise these rights and controls, please e-mail us at privacy@bcap.com.

Access: You have the right to ask for a copy of the personal information that we hold about you free of charge, however we may charge a “reasonable fee,” if we think that your request is excessive, to help us cover the costs of locating the information you have requested.

Correction: You may notify us of changes to your personal information if it is inaccurate or it needs to be updated.

Deletion: If you think that we should not be holding or processing your personal information any more, you may request that we delete it. Please note that this may not always be possible due to legal obligations.

Restrictions on use: You may request that we stop processing your personal information (other than storing it), if: (i) you contest the accuracy of it (until the accuracy is verified); (ii) you believe the processing is against the law; (iii) you believe that we no longer need your data for the purposes for which it was collected, but you still need your data to establish or defend a legal claim; or (iv) you object to the processing, and we are verifying whether our legitimate grounds to process your personal information, override your own rights.

Object: You have the right to object to processing, including: (i) for direct marketing; (ii) for research or statistical purposes; or (iii) where processing is based on legitimate interests.

Portability: If you wish to transfer your personal information to another organisation (and certain conditions are satisfied), you may ask us to do so, and we will send it directly if we have the technical means.

Withdrawal of consent: If you previously gave us your consent (by a clear affirmative action) to allow us to process your personal information for a particular purpose, but you no longer wish to consent to us doing so, you can contact us to let us know that you withdraw that consent.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

NOTIFICATION OF CHANGES

We reserve the right to amend this EU Privacy Policy from time to time by updating this EU Privacy Policy. If we decide to change our EU Privacy Policy, we will post those changes so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to collect personal information or use any collected information in a manner different from that stated at the time it was collected, we will notify applicable users. We will use information only in accordance with this EU Privacy Policy under which the information was collected.

If you have any questions or concerns about this EU Privacy Policy, please e-mail us at privacy@bcap.com.

COMPLAINTS

Should you wish to lodge a complaint with regards to how your personal information has been processed by us, please contact your local supervisory authority. In the UK, this is the Information Commissioner’s Office: https://ico.org.uk/global/contact-us.