Privacy Policy

Privacy Policy

Mainsail Management Company, LLC and our affiliates (together, “Mainsail Partners”, “our”, “us”, “we” or “company”) recognize the importance of your privacy.  This Privacy Notice describes what information we collect, how we use this information, and your rights with respect to this information.

Please note that if you are an investor in one of Mainsail Partners’ funds we have delivered you a separate Investor Privacy Notice via your investor portal.

We do not sell your information—whether it is your personal information or the fact that you are or may become a Mainsail Partners business partner.  We use your information primarily to provide information that you request, to make you aware of Mainsail Partners’ potential financing, operational, or other capabilities for entrepreneurs and/or prospective portfolio companies, and/or to improve our website.

This Privacy Policy relates to the Mainsail Partners website at https://mainsailpartners.com (the “Site”) and does not concern any non-Mainsail Partners website to which the Site may link.  Should you choose to visit these third-party sites, you should review their privacy policies to ensure that you are comfortable with their terms.

If you have any questions regarding our use of your personal data, or this Privacy Policy, please contact compliance@mainsailpartners.com.

HOW WE OBTAIN YOUR INFORMATION

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

We may collect the following personal data, which is capable of identifying an individual (“Personal Data“):

  • Personal data and contact information you provide when you contact us via the “Contact Us” page on our website, including your name and email address, and other information, when you contact us by mail and phone;
  • Technical information related to how you use our website, specifically, the browser, device, internet connection, IP address, access times, time zone setting, operating system and platform, via cookies employed on our website; and/or
  • Details of visits to our website, including the volume of traffic received, logs and the resources that you have accessed. (Please also see “Cookies” section below.)
  • 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).

WHY WE OBTAIN YOUR INFORMATION

We collect and use your Personal Data to provide our services and for other legitimate business purposes under applicable data protection legislation (“Legitimate Interest(s)“), including, sending communications to deliver the information you may request, business development and general marketing, building relationships, satisfying contractual necessity and as required by law, to provide you with details regarding Mainsail Partners’ potential financing, operational, or other capabilities for entrepreneurs and/or prospective portfolio companies, and performing essential business operations.  We do not monitor or profile visitors to our Site or collect, in any automated manner, any special categories of sensitive personal information about you (for example, your religious or philosophical beliefs, information about your health and genetic and biometric data, or any information about criminal convictions and offenses.)  No automated decision-making, including profiling, is used when processing your personal information.

We also may collect and use your Personal Data based on your consent, and we make it clear to you in advance that we are relying on your consent.

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.

To the extent that you provide us with any personal information, through or in connection with this Site (i.e., via telephone, email or mail), we may use such information for the following purposes:

MARKETING

We will send you direct marketing communications where we have obtained your prior consent to keep you informed of our Mainsail-authored content and details related to our potential financing, operational, or other capabilities for entrepreneurs and/or prospective portfolio companies in which you might be interested, or based on our legitimate business interests to tell you about certain events or to share news we believe you will be interested in.

DISCLOSURE AND TRANSFER OF PERSONAL INFORMATION

Your personal information will only be shared with and processed by our affiliates and non-affiliated third-party service providers as permitted by legal exemptions and for the purposes described in this Privacy Notice.

We may disclose Personal Data to certain non-affiliated professional service providers, including professional advisors, consultants, insurers, and other third parties, who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.  Such purposes include performing due diligence activities in connection with an actual or prospective transaction or investment, to support us in operating our business, or to support us in fulfilling our business contracts.

We may disclose your Personal Data to third-party technical service providers we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.  Such purposes include providing website hosting, information technology services and related infrastructure, e-mail delivery, and other similar services.

We may disclose aggregated information that does not identify any individual, without restriction.

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.

SECURITY AND RETENTION OF PERSONAL INFORMATION

We are committed to protecting the personal information you provide to us.  We strive to adopt robust and appropriate physical, electronic, and procedural controls and policies, so the information we have about you is protected to the extent reasonably 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 on a need to know basis to fulfill the purposes described herein.  We will require that they will only process your Personal Data in accordance with our instructions and that they are subject to a duty of confidentiality.

Unfortunately, the transmission of information and data via the Internet is not completely secure. Although we make efforts to protect your Personal Data, we cannot guarantee the security of any information or data transmitted to or through our Site; any transmission of information or data by you to or through this Site is at your sole risk.  We 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 Privacy Policy, unless a longer retention period is required by law. We will not keep more information than we reasonably need for those purposes.

STATE OF CALIFORNIA RESIDENTS

California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to compliance@mainsailpartners.com. You may opt out of any marketing by us and from the disclosure of your personal information to third parties.

CAPACITY

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 fiduciary consent.  If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information.  If you believe we might have any information from or about a child under 18, please contact us at compliance@mainsailpartners.com.

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.  If you prefer not to receive cookies through our website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence.  You can also refuse all cookies by turning them off in your browser.  If you turn off cookies (or refuse to accept a request to place a cookie), you may not have access to some features on our website.

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 contact compliance@mainsailpartners.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 shouldn’t 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; or (iv) you object to the processing, in which case we would need to verify whether our Legitimate Interests or legal obligations 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 organization (and certain conditions are satisfied), you may ask us to do so, and we will send it directly if reasonably technically possible.
  • 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 at compliance@mainsailpartners.com 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 Privacy Policy from time to time by updating this Privacy Policy.  If we decide to change our Privacy Policy, we will post those changes so our users are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.  Your continuing use of the Site constitutes your consent to those updated terms, so please check this Privacy Policy each time you return to the Site.  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 the Privacy Policy under which the information was collected.

CONTACT US

If you have any questions or concerns about this Privacy Policy, please contact compliance@mainsailpartners.com.

COMPLAINTS

If you are located in the European Economic Area, and you wish to lodge a complaint with regards to how your personal information has been processed by us, please contact your local supervisory authority.