2. Relationship to Other Agreements
Whilst using the Website, you may choose to agree to be bound by certain other agreements: for example, if you wish to join Growth Capital Ventures as a member, you will need to agree to a Membership Agreement, and if you wish to invest in a company through Growth Capital Ventures, you will also need to agree to the relevant Limited Partnership Agreement. We refer to all of these other agreements as the "Platform Agreements", because rather than just governing your technical use of the Website, they set out the substantive terms that govern your relationship with us when you make use of our platform.
The Website Agreements will continue to apply to you even after you have agreed to a Platform Agreement. In the case it turns out that there is a conflict between the Website Agreements and a Platform Agreement that you agree to, the Platform Agreement will always take precedence.
3. Collecting Your Personal Data
When you use the Website, we will ask you to provide certain data, such as your contact details, demographic information, employment and educational history and, in the case of entrepreneurs seeking to raise capital through the Growth Capital Ventures platform, information about your business. We may supplement the information you provide us with information we receive from third parties. We refer to all of this information - both what you provide us and what we collect from other sources - as your "Personal Data".
4. Processing and Uses Made of Your Personal Data
The principle purposes for which we process and store your Personal Data are:
4.1. to confirm your identity in order to create your account and ensure that you are eligible to use the services provided on the Website;
4.2. to conduct required anti-money laundering checks on you in connection with certain transactions you may conduct via the Website;
4.3. in the case of entrepreneurs seeking capital, to verify and approve the disclosures you make to potential investors;
4.4. in the case of investors looking to allocate capital, to confirm that you are a "Category 8 person" (as described in section 4.12 of the Financial Services Authority's Conduct of Business Sourcebook) and therefore eligible to make investments through the Website;
4.5. to monitor, improve and administer the Website and the services provided on the Website;
4.6. to enable us to conduct surveys and aggregate User profiles;
4.7. to provide you with information on selected products and selected services that we think may be of interest to you (unless you have asked us not to do so);
4.8. to enable us to comply with our legal and regulatory obligations; and
4.9. to contact you to ensure customer satisfaction in respect of our role as a site provider and assist you in getting the best value from our service.
Full details of these purposes are set out in our notification to the Information Commissioner's Office under the Data Protection Act 1998.
5. Disclosure of Your Information
Any of your Personal Data that is collected by Growth Capital Ventures or its affiliates will be kept confidential by Growth Capital Ventures and its affiliates, and we will not disclose it to any third parties. The only exceptions to this are:
5.1. We may disclose certain parts of your Personal Data to third-party service-providers solely in the course of their provision of services to Growth Capital Ventures. We will take reasonable precautions to ensure that these service-providers are obligated to keep confidential any of your Personal Data that they use.
5.3. We may tell you in one of the Platform Agreements that we will disclose certain parts of your Personal Data in connection with a transaction you conduct through the Website.
5.4. In the event that we intend to enter into a major corporate transaction, such as a sale of control of our business or a startup on a stock exchange, we may disclose certain parts of your Personal Data to potential buyers, underwriters or advisors. If we do this, we will take reasonable precautions to ensure that the recipients of your Personal Data are obligated to keep it confidential.
6. Changes of Business Ownership and Control
7. Security of Your Personal Data
We endeavor to take all reasonable steps to protect your Personal Data, including the use of encryption technology. However, we cannot guarantee the security of any Personal Data you disclose online. In using the Website, you accept the inherent security implications of engaging in transactions online over the Internet, and you agree that you will not hold us responsible for any breach of security unless we have been grossly negligent or in willful default.
"Cookies" are small files that reside on your computer's hard drive, generally contain an anonymous unique identifier and are accessible only by the website that placed them there and not any other sites.
Growth Capital Ventures may set and access Cookies on your computer. In addition, we may gather certain information about you, including details of your operating system, browser version, domain name and IP address, and the details of any website you linked from to the Website, for system administration. We do this in order to enable us to provide the services available on the Website and to monitor and improve the Website.
To the extent that we have third-party advertisements on the Website, those third parties may also place set and access Cookies on your computer. They do this to track how many unique users have seen a particular ad and to provide advertisements that are more relevant to a given user's interests. We do not have access to these cookies, and other than allowing them to be served, we play no role in these Cookies at all.
You can choose to enable or disable Cookies in your web browser. By default, your browser will accept Cookies, however this can be altered. In addition, you may delete Cookies that have already been placed on your hard drive. For further details please consult the help menu in your browser. Disabling or deleting Cookies may prevent you from using the full range of services available on the Website.
For more information about Cookies, please click here.
9. Communications between You and Growth Capital Ventures
We may intercept, record and/or monitor any communication(s) (including telephone calls or other electronic communications) between you and us. We may do so in order to resolve queries in the future and for the purposes of ensuring security, staff training and complying with our regulatory and legal responsibilities.
In the case of communications by email you should note that, as emails are not encrypted (and may therefore be intercepted by third parties) and as the identity of the sender cannot be confirmed, you must NOT provide your security details by email and should avoid providing any Personal Data to us by email.
10. Obtaining Copies of Your Personal Data
You can see some of the Personal Data we hold about you in the "Your Account" section of the Website (if you are a Growth Capital Ventures member). If you request a copy of your Personal Data, we may charge you a small administrative fee to cover the costs of providing it to you.
11. Changes to Your Personal Data
If you see that any of your Personal Data that is included in the "Your Account" section of the Website is inaccurate, please revise or update it using the Website. Alternatively, if you believe that any of the Personal Data we hold about you is inaccurate, you may email us at email@example.com in order to correct it.
It is your responsibility to ensure that any Personal Data you have provided to us remains accurate and to notify us (either by the Website or by letter) if there are any changes in your Personal Data.
13. No Waiver
16. Governing Law and Jurisdiction
You agree to submit to the exclusive jurisdiction of the courts of England and Wales. This means that if you want to bring a legal action against us, or we want to bring a legal action against you, it must be done in one of these courts.
We have certain capitalised terms in this Agreement. These terms have specific definitions. In some cases the definition is set out when they are first used in the body of the text, but in a few cases we give the meaning below as follows:
"Growth Capital Ventures" - means Growth Capital Ventures Limited, a private limited company registered in England and Wales under registration number 08155332.