Terms of Use
These Terms of Use constitute a legally binding agreement between SK Capital Partners, LP (“Advisor”) and its affiliates (together, “Advisor,” “our,” “us,” “we” or “company”) and you, the user of www.skcapitalpartners.com
(the “Site”). By accessing the Site you acknowledge that you have read and agree to these Terms of Use. These Terms of Use govern your use of the Site. Please read these Terms of Use carefully. If you do not agree with any of the terms and conditions contained herein, please do not access the Site.
Advisor reserves the right to amend these Terms of Use in its sole discretion. Advisor will post any changes to these Terms of Use on the Site, and changes are effective immediately upon posting. Your continued use of the Site after any such changes constitutes your acceptance of the new terms and conditions. You should consult the “Terms of Use” bar on the Site each time you visit the Site.
The Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Advisor. If you do not meet all of these requirements, you must not access or use the Site.
PURPOSE OF THE SITE; NOT INVESTMENT ADVICE; NO RECOMMENDATIONS
The information presented on or through the Site is made available solely for informational purposes in relation to Advisor and its financing capabilities for prospective portfolio companies. Advisor does not warrant the accuracy, completeness or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. Advisor disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site is not intended to provide legal, business, tax, accounting, investment or other advice. You agree not to construe any of the Content (as defined below) provided in connection with the Site as legal, business, tax, accounting, investment, financial or other advice. You agree that the Content provided in connection with the Site does not, and shall not be deemed to, constitute an offer to sell, or a solicitation to any person to buy, any security or other investment. You understand that none of the Content constitutes a recommendation that you or any other person purchase, sell or hold any security, company, investment product or other investment, or that you should pursue any investment strategy, and the Content is not to be relied upon for the purpose of making investment or other decisions. In addition, you understand and agree that all Content provided in connection with the Site is published without consideration of your individual circumstances, financial or otherwise. Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including the evaluation of any investment or other risks, with respect to any of the Content provided in connection with the Site. You agree to consult your own professional advisors as to any legal, business, tax, accounting, investment, financial or other advice regarding any Content provided in connection with the Site.
REGULATORY DISCLOSURES
Advisor does not solicit or make its services available to the public. The Content provided on or through the Site may include information regarding past and/or present portfolio companies or investments managed by Advisor, its affiliates and/or its personnel. It should not be assumed that investments made in the future will be comparable in quality or performance to the investments described herein. Further, references to past and present portfolio companies should not be construed as a recommendation of any particular investment or security. Current and previous portfolio companies listed on the Site are not to be considered a complete list of all investments historically made by Advisor. The portfolio companies listed should not be assumed to have been profitable. Any past performance information on the Site is not necessarily indicative, or a guarantee, of future results.
Certain information contained on the Site constitutes “forward-looking statements.” All forward-looking statements represent only the intent and belief of Advisor as of the date such statements were made. None of Advisor or any of its affiliates (i) assumes any responsibility for the accuracy and completeness of any forward-looking statements or (ii) undertakes any obligation to disseminate any updates or revisions to any forward-looking statement contained on the Site to reflect any change in their expectation with regard thereto or any change in events, conditions or circumstances on which any such statement is based. Due to various risks and uncertainties, actual events or results may differ materially from those reflected or contemplated in such forward-looking statements.
PRIVACY POLICIES
In addition to these Terms of Use, your use of and access to the Site is also subject to our Website Privacy Policy (the “Privacy Policy”), our California Privacy Policy (the “California Privacy Policy”) and our EU-UK Privacy Notice Supplement (the “EU and UK Privacy Notice Supplement”), which are incorporated by reference herein, as applicable and to the extent permitted by applicable law. Our Privacy Policy, our California Privacy Policy and our EU Privacy Policy contain additional terms relating to our potential collection, use and disclosure of your personal information, as applicable. You agree that you have read, agreed to and understand our privacy policies, as applicable
CONFIDENTIALITY
If you choose, or are provided with, a user name, password or any other piece of information as part of Advisor’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify Advisor immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Advisor has the right to disable any user, whether chosen by you or provided by us, at any time in Advisor’s sole discretion for any or no reason, including if, in Advisor’s opinion, you have violated any provision of these Terms of Use.
OWNERSHIP
The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks”) found on the Site and any and all information and content available through the Site (including strategies, policies, business plans, research, concepts and other information (collectively, the “Content”) are proprietary to Advisor or its licensors and are protected by intellectual property rights and unfair competition and other laws. You may not use any Mark or Content without the express written permission of the owner (whether Advisor or otherwise), and nothing contained in these Terms of Use or anywhere on the Site shall be construed as granting any license or right to use any Mark or Content
THIRD-PARTY LINKS
From time to time, Advisor may provide links from this Site to websites operated by third parties. Advisor’s decision to do so is in no way an endorsement of these sites. Advisor does not monitor, edit or control such third-party sites and is not responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to follow links to such websites is at your sole risk. If you have any questions regarding a linked site, please direct them to the administrator of the relevant site. Advisor reserves the right to terminate any link at any time.
DISCLAIMER OF WARRANTIES
THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PROVIDED WITHOUT WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY ADVISOR, EITHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. ADVISOR FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
ADVISOR DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE OR THE CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADVISOR IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE SITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THE SITE, OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.
UNDER NO CIRCUMSTANCES WILL ADVISOR BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNITY
You agree that you will be solely responsible for, and that you will defend, indemnify and hold Advisor, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use or otherwise resulting from your use of the Site. Advisor reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Advisor for all liabilities, losses or damages. You agree to provide Advisor with whatever cooperation it reasonably requests.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
MISCELLANEOUS
You may not assign or otherwise transfer these Terms of Use or your rights or obligations under it without Advisor’s prior written consent, and any attempted assignment or other transfer in violation of this provision shall be null and void. Advisor may assign these Terms of Use or any rights under these Terms of Use without your consent and without notice. Nothing in these Terms of Use may be used to construe you and Advisor as joint venturers, co-employers, partners or agents of each other, and neither you nor Advisor has the power to obligate or bind the other in any way whatsoever. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect. The failure of Advisor at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law rules. Any legal proceeding arising out of or relating to these Terms of Use against or relating to Advisor or any indemnified party under these Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in the State of Delaware and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
Headings and captions throughout these Terms of Use are for convenience only and should not be considered part of these Terms of Use. The word “including” means “including without limitation.”
If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact Advisor at [email protected] or (212) 826-2700.
SKCP PRIVACY POLICY
OUR COMMITMENT TO PRIVACY
Your privacy is important to SK Capital Partners, LP and its affiliates (together, “SK Capital,” “our,” “us,” “we” or “company”). To better protect your privacy and comply with our legal obligations, we are providing information explaining our online information practices.
This website privacy policy (this “Privacy Policy”) describes how we gather and use personal information about visitors of this website (the “Website”). For simplicity, we use the terms “personal information”, “personally identifiable information” and “personal data” in this Privacy Policy (and any additional jurisdiction-specific privacy notices) interchangeably. Please read this Privacy Policy carefully. To the extent permitted by applicable data protection and privacy laws, this Privacy Policy constitutes a legally binding agreement between SK Capital and you, the user of this Website and 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 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.
JURISDICTION-SPECIFIC INFORMATION
This Privacy Policy complies with the privacy provisions of Regulation S-P under the Gramm-Leach-Bliley Act and certain privacy provisions of other laws. You may have additional rights under other foreign or domestic laws that may apply to you, including as set forth in our additional jurisdiction-specific privacy notices.
Visitors that are residents of California should also refer to our California Website Privacy Policy Supplement.
If you are located in the United Kingdom (the “UK”), the European Union (the “EU”) or the European Economic Area (the “EEA”), or the processing of your personal data would otherwise be subject to the EU-UK Data Protection Laws (defined below), please also refer to our EU-UK Privacy Notice Supplement.
The types of personal information we collect about you depends on the nature of your interaction with us and our reasons for collecting your personal information. The categories of personal information we collect include the following:
- Identifiers: Name, contact details and address (including physical address, email address and Internet Protocol address), date of birth, citizenship and birthplace.
- Other Identifying Information: Telephone number, signature, and verification documentation.
- Information Related to Internet Activity: Use of our Website, fund data room and investor reporting portal (e.g., cookies, browsing history and/or search history), as well as information you provide to us when you correspond with us in relation to inquiries.
Some internet browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference (the “DNT Signal”) to websites you visit indicating that you do not wish to be tracked.
Unfortunately, the transmission of information and data via the Internet is not completely secure. Although we take reasonable steps to protect your personal data – and in this regard, we maintain physical, electronic and procedural safeguards to prevent unauthorized access to your personal data and to protect the integrity of our systems – 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.
SOURCES OF NON-PUBLIC INFORMATION
In connection with forming and operating our Website, we collect and maintain your nonpublic personal information from the following sources:
- Information from your communications with us in connection with this Website, including any update notices provided by you.
- Information captured on our Website, including registration and account information, information provided through online forms and any information captured via cookies.
We may combine personal information that you provide to us with information that we collect from or about you from publicly available sources. This will include information collected in an online or offline context.
HOW WE USE YOUR PERSONAL INFORMATION
We will use your personal information for one or more of the following business or commercial purposes:
| Purpose | Legal Basis to Process Personal Information (relevant to EU/UK Privacy Notice Supplement only) |
| To present the Website and its contents to you and to allow you to interact with the Website | Our legitimate interest in operating our business |
| To perform services for you, including but not limited to the administrative processes (and related communication) in connection with an investment | Our legitimate interest in operating our business and/or contractual necessity |
| To create, maintain, customize, and secure your account with us | Our legitimate interest in operating our business and/or legal requirement |
| To provide, support, personalize, develop and improve our Website and the products and services that we offer and notify you about changes to our Website or our products and services | Our legitimate interest in operating our business |
| To provide you with support and to communicate with you, including responding to requests for information submitted by you through our Website | Our legitimate interest in operating our business, contractual necessity and/or consent |
| To provide advertising and marketing services | Our legitimate interest in operating our business and/or consent |
| To keep a record of and manage your relationship with us | Our legitimate interest in operating our business, contractual necessity and/or consent |
| To conduct ongoing operations, administrative, accounting, reporting, account maintenance and other processes | Our legitimate interest in operating our business and/or consent |
| To keep investors informed about the business of the general partner or managing member of the applicable investment vehicle and its affiliates generally, including investor notices and reporting | Our legitimate interest in operating our business and/or consent |
| To audit and verify the quality and effectiveness of our services and compliance | Our legitimate interest in operating our business and/or consent |
| To maintain the safety, security and integrity of our Website, products and services, databases, technology assets and business, including to detect security incidents and to protect against malicious, deceptive, fraudulent, or illegal activity | Our legitimate interest in operating our business and/or legal requirement |
| As needed to comply with U.S., state, local and non-U.S. laws, rules and regulations, including responding to law enforcement requests and as required by applicable law, court order or government regulations | Legal requirement |
| To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred | Our legitimate interest in operating our business |
| For any other purpose that has been notified to you, or agreed by you, in writing | Consent |
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.
DISCLOSURE OF PERSONAL INFORMATION
We may disclose personal information collected in connection with this Website for a business purpose to the categories of third parties indicated below. We may also disclose your information to other parties as may be required by law or regulation, or in response to regulatory inquiries.
- Identifiers: Administrators, governmental agencies or pursuant to legal process.
- Other Identifying Information: Administrators, governmental agencies or pursuant to legal process.
- Information Related to Internet Activity: Administrators, governmental agencies or pursuant to legal process.
CAPACITY
You represent to SK Capital 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.
RETENTION OF PERSONAL INFORMATION
We retain your personal information for as long as reasonably necessary and proportionate to achieve the purposes and uses set out in this Privacy Policy, as authorized by law, and to meet legal, taxation, accounting, risk management or business requirements. We may retain personal information for longer where required by our regulatory obligations, or where we believe it is necessary to establish, defend or protect our legal rights and interests or those of others. Your personal information may be deleted when it is no longer relevant or when you withdraw consent (pursuant to the rights detailed directly in this may be exercised by using the contact information contained at the end of this Privacy Policy) within the parameters of applicable law.
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, including to help provide you with a better experience when you browse our Website. 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.
Necessary: Necessary cookies are required to enable the basic features of this site, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personally identifi able data.
Functional: Functional cookies help perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback, and other third-party features.
Analytics: Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc.
Advertisement: Advertisement cookies are used to provide visitors with customised advertisements based on the pages you visited previously and to analyse the effectiveness of the ad campaigns.
Subject to your consent, the Website will place the cookies listed below:
| Cookie Name | Type | Purpose / Description | Duration |
| __cf_bm | Necessary | This cookie, set by Cloudflare, is used to support Cloudflare Bot Management. | 1 hour |
| _cfuvid | Necessary | Cloudflare sets this cookie to track users across sessions to optimize user experience by maintaining session consistency and providing personalized services | session |
| Cookieyes-consent | Necessary | CookieYes sets this cookie to remember users’ consent preferences so that their preferences are respected on subsequent visits to this site. It does not collect or store any personal information about the site visitors | 1 year |
| VISITOR_PRIVACY_METADATA | Necessary | YouTube sets this cookie to store the user’s cookie consent state for the current domain. | 6 months |
| VISITOR_INFO1_LIVE | Functional | A cookie set by YouTube to measure bandwidth that determines whether the user gets the new or old player interface. | 6 months |
| Yt-remote-connected-devices | Functional | YouTube sets this cookie to store the user’s video preferences using embedded YouTube videos. | Never Expires |
| Yt-remote-device-id | Functional | YouTube sets this cookie to store the user’s video preferences using embedded YouTube videos | Never Expires |
| Ytidb::LAST_RESULT_ENTRY_KEY | Functional | The cookie ytidb::LAST_RESULT_ENTRY_KEY is used by YouTube to store the last search result entry that was clicked by the user. This information is used to improve the user experience by providing more relevant search results in the future | Never Expires |
| Yt-remote-session-name | Functional | The yt-remote-session-name cookie is used by YouTube to store the user’s video player preferences using embedded YouTube video | Session |
| Yt-remote-fast-check-period | Functional | The yt-remote-fast-check-period cookie is used by YouTube to store the user’s video player preferences for embedded YouTube videos | session |
| Yt-remote-session-app | Functional | The yt-remote-session-app cookie is used by YouTube to store user preferences and information about the interface of the embedded YouTube video player | Session |
| Yt-remote-cast-available | Functional | The yt-remote-cast-available cookie is used to store the user’s preferences regarding whether casting is available on their YouTube video player | Session |
| Yt-remote-cast-installed | Functional | The yt-remote-cast-installed cookie is used to store the user’s video player preferences using embedded YouTube video. | Session |
| _ga_* | Analytics | Google Analytics sets this cookie to store and count page views. | 1 year, 1 month, 4 days |
| _ga | Analytics | Google Analytics sets this cookie to calculate visitor, session and campaign data and track site usage for the site’s analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognise unique visitors. | 1 year, 1 month, 4 days |
| Vuid | Analytics | Vimeo installs this cookie to collect tracking information by setting a unique ID to embed videos on the website. | 1 year, 1 month, 4 days |
| YSC | Analytics | YSC cookie is set by Youtube and is used to track the views of embedded videos on Youtube pages. | Session |
| __Secure-ROLLOUT_TOKEN | Advertisement | Used to track user’s interaction with embedded content. | 6 months |
| __Secure-YEC | Advertisement | Stores the user’s video player preferences using embedded YouTube video. | past |
You may access any personally identifiable information we have about you by contacting [email protected].
NOTIFICATION OF CHANGES
We reserve the right to amend this Privacy Policy (and any jurisdiction-specific privacy notices) from time to time and for any reason, in our sole discretion, without notice, by updating this Privacy Policy (and any jurisdiction-specific privacy notices). Accordingly, users are strongly encouraged to review our Privacy Policy (and any applicable jurisdiction-specific privacy notices) regularly. If we decide to change our Privacy Policy (and any jurisdiction-specific privacy notices), we will post those changes on the Website 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 (and any applicable jurisdiction-specific privacy notices) under which the information was collected. Your continued access or use of this Website following the posting of changes to this Privacy Policy (and any applicable jurisdiction-specific privacy notices) means that you accept such revisions, changes and/or amendments. If you object to any of the changes to this Privacy Policy (and any applicable jurisdiction-specific privacy notices), please stop accessing this Website. Please check this page frequently and review any changes to this Privacy Policy (and any applicable jurisdiction-specific privacy notices) carefully so you are aware of any changes, as they are binding on you.
MISCELLANEOUS
The provisions in our Terms of Use are hereby incorporated by reference.
CONTACT US
If you have any questions or concerns about this Privacy Policy, or if you wish to appeal any of our decisions, exercise any of your rights hereunder or request to view this Privacy Policy in an alternate format, please contact [email protected].