Terms & Conditions
The Bridge – Mobile Application Terms and Conditions
The Bridge (the “Application”) is a mobile application operated by TowerBrook (who operates through TowerBrook Capital Partners L.P., TowerBrook Capital Partners LLC, TowerBrook Capital Partners Limited, and TowerBrook Capital Partners (U.K.) LLP (each a “TowerBrook Entity”, and together “we”, “TowerBrook”)) and hosted by KIT United SAS (“Hivebrite”).
TowerBrook Capital Partners (U.K.) LLP is authorised and regulated by the Financial Conduct Authority (the “FCA”) in the United Kingdom (“UK”), and is entered in the FCA’s Financial Services Register with firm reference number 416020. To the extent that material on the Application is directed at users in the UK, it is issued or approved by TowerBrook Capital Partners (U.K.) LLP.
Use of the Application is subject to the following terms and conditions (the “Terms”). Please read these Terms carefully. By using the Application, you are deemed to have read and accepted these Terms and the regulatory restrictions governing the use of the Application. TowerBrook reserves the right to modify these Terms at any time. Please check these Terms frequently to ensure you understand the Terms that apply at that time.
IF YOU DO NOT AGREE TO ANY OF THE TERMS, PLEASE DO NOT USE THIS APPLICATION.
The term “Partner” is used on the Application as the title applies internally within TowerBrook to certain senior professionals who are treated within TowerBrook as partners, but does not necessarily imply the carrying on of a business as a partner or in partnership.
The term “Principal” is used on the Application as the title applies internally within TowerBrook to certain employees of TowerBrook, but does not imply any form of agency relationship as between TowerBrook and such person.
The term “Management Advisory Board” is used on the Application as the term is used internally within TowerBrook to describe TowerBrook’s management advisory board committee; it is not a legal body.
The distribution to you of the information on the Application is made solely and exclusively for the purpose of allowing you to review certain information about the TowerBrook Entities. Nothing on the Application should be construed as an offer, invitation or general solicitation to buy or sell any investments or securities, provide investment advisory services or to engage in any other transaction.
The content on the Application is subject to copyright with all rights reserved. Any downloading or other copying from the Application will not transfer title to any content, software or material to you. TowerBrook’s status (and that of any identified contributors) as the authors of content on the Application must always be acknowledged. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the Application without TowerBrook’s prior written permission. Any unauthorised reproduction or use of the Application or the information presented therein, may subject you to prosecution, particularly for infringement of copyright. Any rights not expressly granted in these Terms are reserved.
Accuracy of Content
While TowerBrook uses reasonable efforts to obtain information from sources which we believe to be reliable, no representation or warranty, express or implied, is given by TowerBrook that the information or opinions contained in the Application are accurate, reliable or complete. Statements contained on the Application are based on expectations, estimates, projections, opinions and/or beliefs of TowerBrook as of the date of such information or as of the specific date(s) noted therein (as applicable). None of the TowerBrook Entities or their respective affiliates, members, Partners, Principals, stockholders, managers, directors, officers, employees or agents have any obligation to update any of the information contained on the Application. The information and opinions contained on the Application are provided by TowerBrook for personal use and informational purposes only. You are solely liable for any use you may make of this information. The information is inherently subject to change without notice and may become outdated. You, therefore, should verify any information obtained from the Application before you use it.
The Application is made available free of charge. TowerBrook does not guarantee that the Application, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Application for business and operational reasons.
Investment Performance Information
Information regarding the past performance of an investment is not necessarily indicative of the future performance of that investment. The value of investments may fall or rise. Such information is provided solely to illustrate TowerBrook’s investment experience, and processes and strategies previously used by TowerBrook.
You should not rely on any information or opinions contained on the Application in making an investment or other decision; rather, you should obtain relevant and specific professional advice. Nothing contained on the Application constitutes or should be construed to constitute investment, legal, tax or other advice, and you should consult your own attorney, business advisor or tax advisor, as applicable. The information contained on the Application shall in no way be construed as constituting a recommendation with respect to the purchase or sale of any investment.
Exclusion of Liability
We exclude all implied conditions, warranties, representations or other terms that may apply to the Application or any content on it. To the fullest extent allowed by law, no TowerBrook Entity shall be liable for any direct or indirect losses, loss of profits, damages, costs or expenses incurred or suffered by you arising out of or in connection with the access to, use of or linking to other sites from the Application or reliance on any information contained on the Application. In no circumstances shall any TowerBrook Entity have any liability for consequential or special damages. Nothing in these Terms shall limit any TowerBrook Entity’s liability for death or personal injury resulting from any negligence of a TowerBrook Entity.
External Sites and Internet Security
The Application may contain links to outside websites (the “Linked Sites”). The Linked Sites are for your convenience only, and you access them at your own risk. We are not responsible for the content of the Linked Sites, whether or not we are affiliated with sponsors of the Linked Sites. We do not in any way endorse the Linked Sites, and do not guarantee that material on the Application will be free from infection, viruses or worms or other code which may have contaminating or destructive properties. You are fully responsible for ensuring protective steps are taken such as virus checking. You should be aware that the Internet, being an open network, is not secure. If you choose to send any electronic communications to TowerBrook by means of the Application, you do so at your own risk. We cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.
The Application is hosted by Hivebrite and use of these hosting services is governed by the Master Subscription Agreement and applicable order form.
Any TowerBrook Entity and/or its directors, officers, Partners, Principals, employees, agents or representatives may have or have had interests or positions in, or traded or acted as market maker in, relevant securities. Furthermore, such entities or persons may have or have had a relationship with, or may provide or have provided corporate finance or other services to, or serve or have served as, directors of relevant companies.
TowerBrook and the TowerBrook logo are trademarks of TowerBrook Capital Partners L.P. You are not permitted to use them without our approval.
Permitted Users of the Application
To the extent that the Application is directed at users in the UK, it is directed only at the following persons: (a) persons who have professional experience in matters relating to investments and who are “Investment Professionals” as defined in Article 14 of the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 (the “CIS Exemptions Order”); (b) persons who are high net worth companies, unincorporated associations, partnerships or trusts falling within any of the categories of persons described in Article 22 of the CIS Exemptions Order; and (c) any other persons to whom it may otherwise lawfully be directed (together, “Relevant Persons”). This communication is not directed at, or to be acted or relied upon by, any person in the United Kingdom who is not a Relevant Person. Any investment or investment activity or service to which the Application relates is available only to persons in the UK who are Relevant Persons and who are also professional clients (as defined under FCA rules), and will be engaged in only with such persons.
Any investments or investment services which may be promoted on the Application are not available to private customers. In addition, such investments may not have been registered with the U.S. Securities and Exchange Commission and, as such, may only be available to certain qualifying U.S. investors.
The Application is not directed at any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the Application is prohibited. Persons in respect of whom such prohibitions apply must not access the relevant pages on the Application. However, the laws and regulations of the jurisdiction from which you access this application may include restrictions on the diffusion of information contained on the Application; it is your responsibility to ensure that your use complies with any restrictions or applicable local laws regarding use of the information on the Application
TowerBrook (which operates through TowerBrook Capital Partners L.P. and/or TowerBrook Capital Partners (U.K.) LLP) (each a “TowerBrook Entity”, and together “we” or “TowerBrook”) treats the privacy of its clients, website users and other individuals very seriously and we take appropriate security measures to safeguard your personal information. This policy explains how TowerBrook’s online collaboration platform (“The Bridge”) uses any personal information (i.e., any information that relates to you and that identifies or can be used to identify you, including without limitation your name, email, address, or other digital identifiers relating to you, such as IP addresses, cookies or web server logs) that you share with us, including how we collect, process, protect and share personal information.
The data controllers of your personal information will be TowerBrook Capital Partners L.P. and TowerBrook Capital Partners (U.K.) LLP. If you have any questions regarding TowerBrook’s use of your personal information, or this policy, please contact [email protected].
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. Section 2 of this policy explains the applicable legal basis under which we process your personal information for each purpose.
If we require your personal information due to a legal requirement or obligation, or in order for us to perform a contract with you, we will make you aware of this at the time we collect your personal information (unless we are restricted from doing so by law, rule or regulation), and the possible consequences of you failing to provide this personal information (e.g., we may require your passport details to verify your identity for the purposes of anti-money laundering regulations).
Information you provide to us
We collect your personal information when you decide to interact on The Bridge and we only collect the information reasonably necessary to carry out our business (see section 2 of this policy which explains why we use your personal information). You can provide us with personal information via email, mail and telephone, which includes, without limitation, address, job title, position and email address.
We will use your personal information for the following purposes on the following legal bases:
To provide you with access and use to The Bridge
Consent or legitimate interest
To keep a record of your relationship with us
To verify your identity
Legal purposes and legitimate interest
Fraud and abuse prevention
Legal purposes and legitimate interest
Litigation management and conducting internal audits and investigations
Legal purposes and legitimate interest
To send you information about TowerBrook and to keep you informed of our products and services in which you might be interested (if you have provided your consent to us doing so, or based on our legitimate interests where we have an existing relationship with you and we wish to contact you about similar products and services in which you may be interested)
Consent or legitimate interest
No automated decision making, including profiling, is used when processing your personal information.
We share your personal information with our affiliates and certain service providers as necessary to fulfil the purposes set out in this policy, including, without limitation, DealCloud (for CRM purposes), Syncplicity (for file sharing purposes), Amazon Web Services (who provide cloud storage), AES (for IT security purposes) and professional advisors (including, without limitation, any legal, compliance, accounting and financial advisors). We ensure that key parties that provide a service to, or for us, enters into an agreement with us and meets our standards for data security.
The Bridge is hosted by Hivebrite. TowerBrook grants to Hivebrite, and any third party Hivebrite contracts with to provide storage and processing services, a non-exclusive, non-transferable license to store, process and use your data for the purpose of providing The Bridge and for the purpose of generating any associated databases, external data, calculations and other processes or tools used by Hivebrite. Such data shall be limited to aggregated, de-indentified and statistical information collection by Hivebrite from the operation of its services and processing, manipulation and analysis of your data. Hivebrite acquires no right, title or interest in your data, including any intellectual property therein. Hivebrite is not responsible or liable for the publications, content or messages channelled, transmitted, published or downloaded through The Bridge. Your acceptance of these terms shall include (i) your consent for Hivebrite to store, process and use your data, as necessary, (ii) your compliance with Hivebrite’s Master Services Agreement, and (iii) your compliance with applicable laws and government regulations. The relationship between Hivebrite and TowerBrook, and TowerBrook’s operation of The Bridge is governed by Hivebrite’s Master Services Agreement and Data Processing Agreement, whereby TowerBrook is considered the data controller.
We will share your personal information with governmental and regulatory bodies (e.g., the FCA, SEC, FINRA, IRS and HMRC) where required for legal, investigatory, regulatory, national security or for the purposes of public importance.
We will also share your personal information with applicable third parties in the event of a reorganization, merger, sale, acquisition, assignment, or other disposition of all or a portion of our business, assets or shares.
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.
We will keep your personal information only for as long as is reasonably necessary for the purposes set out in section 2 of this policy, unless a longer retention period is required by law (e.g., 6 years from the date of collection, as required under FCA regulations). 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 contact us at [email protected].
To the extent we transfer your personal information to countries located outside of the European Economic Area (“EEA”) or the United Kingdom (the “UK”), such transfers will be made in accordance with applicable data privacy laws.
TowerBrook Capital Partners L.P. and TowerBrook Capital Partners LLC (our affiliate) are located in the US. To the extent any personal information is transferred from a TowerBrook entity within the EEA or the UK to a TowerBrook entity outside the EEA, this transfer is legitimised and your personal information is adequately protected under the terms of the EU controller-to-controller model contract clauses or, in respect of transfers of personal data outside the UK, such other clauses which may be approved by the Government of the UK.
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. We have explained these individual rights and controls below. To exercise these rights and controls, please contact us at [email protected].
For any questions regarding TowerBrook’s processing of your personal information (including your rights as explained at section 6 of this policy) please contact us at [email protected].
Should you wish to lodge a complaint with regards to how your personal information has been processed by TowerBrook, please contact your local supervisory authority. In the UK, this is the Information Commissioner’s Office – https://ico.org.uk/global/contact-us.