Terms of Use

Terms of Use

Welcome to www.capitalwe.co.uk (the “Site”), owned and operated by CapitalWe Sub-Management Corporation (“CapitalWe,” “we,” or “us”).  By using the Site, you agree to the following terms and conditions of use (the “Terms”). Any lack of agreement will directly result in you being prohibited to access the Site.

CapitalWe may modify the Site and/or the Terms from time to time, without providing with any prior notice. Nevertheless, if CapitalWe makes any material changes to the Terms, we will post the revised Terms and corresponding date of enforcement on the Site and/or provide notice through an alternative method of communication.  By accessing and utilising the Site following any modifications to the Terms, you expressly agree to be bound by the modified Terms.

1. Use of the Site. You must be at least 18 years old to use the Site. You will comply with all applicable laws, rules, and regulations in relation with utilising the Site. You will not violate or attempt to violate the security of the Site or CapitalWe systems or network security, including, without limitation by (i) accessing data not intended for users of the Site or gaining unauthorized access to an account, server or any other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempting to interfere with the function of the Site, host or network. You may not “crawl,” “scrape,” or “spider” any portion of the Site (through any means, including manual or automated mechanisms).
2. Information Not Confidential; Not an Offer to Invest. If you choose to contact any CapitalWe personnel or employees using the contact information found on the Site, you understand that any information and/or materials you provide to such personnel or employees will not be treated as confidential or proprietary. CapitalWe undertakes no obligation to review information submitted by you, or to return such information to you. CapitalWe may receive information that is similar to information you have submitted, or may have already received information containing ideas and plans that are the same or similar to ideas and plans contained in information you have submitted to CapitalWe. Nothing you submit to CapitalWe will cause it or its affiliated funds to be limited or restricted from the pursuit of any opportunities, either alone or with third parties. Your use of the Site or communication with any CapitalWe personnel or employees is not an indication that CapitalWe or its affiliated funds will invest in any business that you are associated with, nor is it an invitation to invest in any CapitalWe entity or affiliated fund.  You understand that CapitalWe is not in any way obligated to invest, offer the opportunity to invest, or to consider an investment or opportunity to invest.
3. CapitalWe Proprietary Rights. The Site, including all its contents (including text, images, audio, and the HTML used to generate the pages) (“Content”), are the property of CapitalWe or that of our suppliers or licensors, and therefore are protected by trademark, copyright, and/or other intellectual property laws. You may not download, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, license, transmit, or distribute any Content from this Site, in whole or in part, for any public or commercial purpose without prior written consent from CapitalWe. CapitalWe grants you a limited, personal, non-exclusive, non-transferable license to access the Site, and to use the Content, solely for personal, internal, and non-commercial purposes. CapitalWe (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein. Without limiting the foregoing, as between you and CapitalWe (or other companies whose marks appear on the Site), CapitalWe (or the respective company) is the owner and/or authorized user of any trademark, registered trademark, logo, and/or service mark appearing on the Site (the “Marks”).  Nothing on the Site should be construed to grant any license or right to use any Marks. You may not use or exploit any Marks without prior written consent from CapitalWe.
4. Privacy Policy. CapitalWe takes the privacy of its users very seriously. Please find the current CapitalWe Privacy Policy further down on this page.
5. Links from and to the Site.The Site may contain links to third party websites (“Third Party Sites”). Third Party Sites are not reviewed, controlled, or examined by CapitalWe and therefore CapitalWe is not responsible for any content contained in such links as they do not imply CapitalWe endorsement or association with the Third-Party Site. CapitalWe is not liable, directly or indirectly, to anyone for any loss or damage arising from or in connection with use of the Third-Party Sites.
6. Disclaimer of Warranties. THE SITE, INCLUDING, WITHOUT LIMITATION, THE SITE AND ALL CONTENT AND FUNCTIONALITY THEREOF, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND CAPITALWE (ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS) HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO CONTENT CAN OR SHOULD BE CONSTRUED AS PROFESSIONAL ADVICE OF ANY KIND (INCLUDING BUSINESS, INVESTMENT, ACCOUNTING, TAX, AND/OR LEGAL ADVICE, AND/OR INFORMATION PROVIDED AND/OR COMMUNICATED THROUGH MERITECH’S “INSIGHTS”).
7. Limitation of Liability. TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MERITECH, ITS AFFILIATES (INCLUDING AFFILIATED FUNDS) OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE “CAPITALWE PARTIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, EVEN IF ANY CAPITALWE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF ANY CAPITALWE PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THE TERMS, THE CONTENT, AND/OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $100.00.
8. Indemnification. You shall defend, indemnify, and hold harmless CapitalWe, our affiliates and each of our and their respective employees, contractors, directors, officers, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to the use or misuse of, or access to, the Content (including information provided and/or communicated through CapitalWe “Insights”), violation of these Terms of Service, or infringement by you, or any third party accessing the Site on your behalf, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.
9. General Information. These Terms are solely governed by UK laws and regulations, without having regards to the Conflicts of Laws provisions thereof. In the event of any dispute arising in connection with these Terms, you hereby consent to the exclusive jurisdiction of the UK Courts. The failure of Capital We to exercise or enforce any rights or provisions of the Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a Court of competent jurisdiction to be invalid, that provision will be limited to the maximum extent necessary, so that these Terms shall remain fully enforceable. You may not assign these Terms or transfer any of your rights or obligations hereunder without the express written consent of Capital We. These Terms inure to the benefit of Capital We successors, assignees, and licensees. These Terms act as a legal agreement between you and Capital We with respect to the subject matter herein.

Privacy Policy. 

PRIVACY POLICY

Effective date:  11^th March 2022.

Thank you for visiting http://www.capitalwe.co.uk (the “Site”), owned and operated by Capital (“we,” or “us”).  We respect your privacy and, whether you are visiting the Site as an investor, founder, or a member of the general public, you are entitled to the protection of your personal information. Please read this Privacy Policy to learn how we treat your personal information.

By using or accessing our Site in any manner, you acknowledge and accept the practices and policies outlined below, and you hereby consent that we will collect, use, and share your information as described in this Privacy Policy.

Remember that your use of our Site is, at all times, subject to our Terms of Use, which we have incorporated in this Privacy Policy. Any terms that we utilise in this Privacy Policy, shall have the definitions provided to you in the Terms of Use.

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1. WHAT THIS PRIVACY POLICY COVERS 

This Privacy Policy covers important information and disclosure relating to how we treat the Personal Data that we gather when you access or use our Site. However, it does not cover the practices of companies that we do not own or control, or the content of people who are not our Effective date employees, nor the privacy practices of any entity with which we have an investment relationship, regardless of whether you are able to access such entity’s website or service through a link on the Site. It also does not apply to information obtained or disclosed in offline correspondence or in connection with an investment in one of our affiliated investment funds.

Please note, you may have additional rights to control the use and disclosure of your Personal Data.  Residents of the European Economic Area (“EEA”) or the United Kingdom (“UK”) should refer to the relevant subsections below. You may print a copy of this Privacy Policy by clicking here. If you have a disability, you may access this Privacy Policy in an alternative format by contacting contact@capitalwe.co.uk.

The use of the term “Personal Data” herein means any information that identifies or relates to a particular individual. This includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules, or regulations.

2. CATEGORIES OF PERSONAL DATA WE COLLECT.

This section outlines the categories of Personal Data that we collect and have collected over a period of 12 months, and that we share with service providers, business partners, and parties, and hence you authorize, access, or authenticate:

• Profile or Contact Data
  • Email address

• Device/IP Data
  • IP address
  • Device ID
  • Domain server
  • Type of device/operating system/browser used to access the Site

• Web Analytics
  • Web page interactions
  • Referring webpage/source through which you accessed the Site
  • Non-identifiable request IDs
  • Statistics associated with the interaction between device or browser and the Site

• Other Identifying Information that You Voluntarily Choose to Provide
  • Identifying information in emails or letters you send us

All additional data that arises in connection to one of the categories mentioned above will consequentially be treated as Personal Data and thus subject to the same Terms.

Categories of Sources of Personal Data

We collect Personal Data from the following categories of sources:

• From You:
  • When you provide such information directly to us.

• When you voluntarily provide information in free-form text boxes through the Site or through responses to surveys or questionnaires.
• When you send us an email or contact us through any form of communication.

• When you use the Site, and such information is collected automatically.
  • Through Cookies (defined in the “Tracking Tools and Opt-Out” section below).

• From Third Parties:
  • Vendors
    • We may use analytics providers to analyse how you interact and engage with the Site, or Third Parties may assist us to provide customer support.

Our Commercial or Business Purposes for Collecting Personal Data

• Providing, Customizing and Improving the Site
  • Providing you with the products, services, or information that you request.
  • Meeting or fulfilling the reason you provided the information to us.
  • Providing support and assistance for the Site.
  • Improving the Site, including testing, research, internal analytics, and product development.
  • Personalizing the Site, website content and communications based on your preferences.
  • Achieving fraud protection, security, debugging or other safety procedures.
  • Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).

• Corresponding with You
  • Responding to correspondence that we have receive from you, contacting you when necessary or requested, and sending you information about us or the Site.
  • Sending emails and other communications according to your preferences or displaying content that we think will interest you.

• Meeting Legal Requirements and Enforcing Legal Terms
  • Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting, and investigating security incidents and potentially illegal or prohibited activities.
  • Protecting the rights, property, or safety of you, us or another party.
  • Enforcing any agreements with you.
  • Responding to claims that any posting or other content violates third-party rights.
  • Resolving disputes.

We will not collect additional categories of Personal Data, other than data that would fall within the natural definition of the terms or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without providing you with prior notice.

3. HOW WE SHARE PERSONAL DATA. 

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on specific applicable law, under the jurisdiction of the UK courts, some of the disclosure of this information may constitute a “sale” of your Personal Data. For more information, please refer to the specific sections below.

• Service Providers. These parties help us provide our services or perform business functions on our behalf. They include, yet are not limited to:
  • Hosting, technology, and communication providers.
  • Security and fraud prevention consultants.
  • Analytics providers.

• Business Partners. These parties act as our partners and offer us various services. They include:
  • Businesses that you have a relationship with, including our investment fund affiliates.

• Parties You Authorize, Access, or Authenticate:
  • Third parties you access through the services.
  • Other users.

Legal Obligations

We may share any Personal Data that we collect with third parties, in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above.

Business Transfers

All the Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which another third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you prior to your information becoming subject to different privacy and security policies and practices.

Data That Is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data that we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyse, build and improve the Site and the services we provide or promote our business, provided that we will not share such data in a manner that could identify you.

4. TRACKING TOOLS AND OPT OUT.

The Site uses cookies and similar technologies such as pixel tags, web beacons, clear GIFs, and JavaScript (collectively, “Cookies”) to enable servers to recognize your web browser and tell us when and how you visit and use our Site, and therefore analyse trends, learn about our user base, and operate and improve our Site. Cookies are small pieces of data – usually text files – placed on your computer, tablet, phone, or similar device when you use that device to access our Site. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Site does not support “Do Not Track” requests sent from a browser at this time.

We use the following types of Cookies:

• Essential Cookies. Essential Cookies are required to provides you with features or services that you request For example, certain Cookies enable you to log into secure areas of our Site. Disabling these Cookies may make certain features and services unavailable.
• Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Site, maintain your preferences over time and recognize you when you return to our Site. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Site such as by collecting information about the number of visitors to the Site, what pages visitors view on our Site and how long visitors are viewing pages on the Site. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns to help us improve our campaigns and the Site’s content for those who engage with our advertising.

You can decide whether to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide whether to accept new Cookies in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Site and functionalities may not work.

5. SECURITY AND RETENTION.

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, and administrative security measures and storage and processing practices based on the type of Personal Data.  For example, the Site uses industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of Personal Data you have provided to us. We retain Personal Data about you for as long as necessary to provide our Site and/or services to you, comply with our legal obligations, resolve disputes, or as otherwise permitted or required by applicable law, rule, or regulation. We may further retain information in an anonymous or aggregated form, if that information does not identify you personally.

Although we work to protect the security of your account and the data that we hold in our records, please be aware that no method of transmitting data or storing data over the Internet is completely secure. We cannot guarantee the complete security or protection of any data that you share with us, and except as expressly required by law, we are not responsible for the theft, destruction, misuse, loss or inadvertent disclosure of your information or content.

6. PERSONAL DATA OF MINORS.

We do not knowingly collect or solicit Personal Data from or about children under 18 years old, except in circumstances where parental consent is given. If we learn that we have collected personal information from an individual under the 16 years of age without parental consent, we will delete such information as soon as we are made aware. If you believe that a child under 18 years of age may have provided Personal Data to us, please contact us at privacy@meritechcapital.com.

7. PRIVACY RIGHTS 

If you have any questions about this section or whether any of the following rights apply to you, please contact us at contact@capitalwe.co.uk.

Access

You have the right to request certain information about the way we have collected and used your Personal Data for a period of maximum 12 months. This information may be in regards to the:

• Categories of Personal Data that we have collected about you.
• Specific information regarding the Personal Data that we have collected about you.
• Categories of sources from which that Personal Data was collected.
• Business or commercial purpose for collecting your Personal Data.
• Categories of third parties with whom we have shared your Personal Data.
• Categories of Personal Data shared with third parties for a business purpose over the past 12 months, if applicable.

Deletion

You have the right to request that we delete Personal Data that we have collected about you, subject to certain exceptions under the which the Data has already been shared or is utilised for a business purpose. For example, we may need to retain your Personal Data to provide you with the Site specifications, certain services, or complete a transaction or other action that you have previously requested. If your request is subject to one of these exceptions, we are authorised to deny your deletion request.

Exercising Your Rights

To exercise the rights described above, you must send us a request which: (1) provides sufficient information to allow us to verify that you are either the person whom we have collected Personal Data on, or are an agent authorized by that person, and (2) describes the nature of your request and rights in sufficient detail to allow us to understand, evaluate and respond accordingly. Only requests that meets both criteria previously mentioned will be considered as “Valid Requests”, and thus be treated as such. We may choose not to respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You may submit a Valid Request by emailing us at contact@capitalwe.co.uk.

We will work to respond to your ‘Valid Request’ within 45 days of receipt. We will not charge you a fee for making a Valid Request, unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision prior to completing the request.

You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do so, you must provide your Authorized Agent with written permission to exercise rights on your behalf, and we may request a copy of this written permission to be provided by your Authorized Agent when they make the request.

We Do Not Sell Your Personal Data

We will not “sell” your Personal Data, as far as the term is defined in the Privacy Policy. We also do not sell Personal Data of minors, under the age of 18 years old.

8. PRIVACY RIGHTS OF EEA AND UK RESIDENTS.

The Site is hosted and operated in the United Kingdom. If you are a resident of the EEA or UK, you may have additional rights under the General Data Protection Regulation (Regulation (EU) 2016/679), the United Kingdom Data Protection Act 2018, and the United Kingdom General Data Protection Regulation (collectively, the “GDPR”), as applicable, with respect to your Personal Data, as outlined below.  By using the Site, you acknowledge and accept that any Personal Data, regardless of whether it has been provided by you or obtained from a third party, is being delivered to us in the UK and will be hosted on UK servers, and you authorize us to transfer, store and process your information in the UK and to other countries to.  You hereby consent to the transfer of your data to the UK.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR. Please note that, “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data, including and not limited to collection, use, storage, and disclosure.  We are fully in control of your Personal Data, and any data processed in connection with your use of the Site.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or provision that is more protective of your Personal Data shall have authority over the following.  If you have any questions about this section or whether any of the following matters apply to you, please contact us at contact@capitalwe.co.uk.

Personal Data Collection, Use and Disclosure

The subsection relating to the “Categories of Personal Data We Collect” details the Personal Data that we collect from you. Whereas, the subsection “How We Share Your Personal Data” details how we may use or disclose your Personal Data.

Legal Basis for Processing

We will only process your Personal Data if we have a lawful basis or reason to do so. Lawful reasons for processing such data include, yet are not limited to: matters you have provided us with consent for, contractual necessities and our “legitimate interests” or the legitimate interest of others, as further described below.

• Contractual Necessity: We may process Personal Data as a matter of “contractual necessity,” meaning that we may need to process the data to perform under our Terms of Use with you, which enables us to provide you with the Site and our services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Site that require such data.

• Legitimate Interest: We process the following categories of Personal Data when we have a legitimate interest that is not outweighed by your privacy rights:
  • Device/IP Data
  • Web Analytics
  • Other Identifying Information You Choose to Provide
  • We may also de-identify or anonymize Personal Data to further our legitimate interests.

• Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.

• Other Processing Grounds: From time to time, we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

EU Data Subject Rights

You have certain rights with respect to your Personal Data, including those set forth below.

• Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
• Rectification: If you believe that any Personal Data, we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
• Erasure: You can request that we erase some or all the Personal Data from our systems.
• Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time.
• Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
• Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
• Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
• Right to File Complaint: You have the right to lodge a complaint about our practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.

For more information about these rights, or to submit a request regarding any matter mentioned, please email us at privacy@capitalwe.co.uk. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or impractical, it jeopardizes the rights of others, or if it is not required by law. In those circumstances, we will aim to respond to notify you of our decision.  In some cases, we may also need to you to provide us with additional information, which may include Personal Data, which may be necessary to verify your identity and the nature of your request.

10. CHANGES TO THIS PRIVACY POLICY.

We are constantly trying to improve our Site and services, so we may need to update this Privacy Policy from time to time. We will alert you to any changes by placing a notice on our website, sending you an email and/or by other relevant means. Please note that if you have opted not to receive legal notice emails from us (or you haven’t provided us with your email address), you are consenting that you may not receive important updates about the Site and our Privacy Policy. Nevertheless, those legal notices will still govern your use of the Site and/or services, and you are still responsible to read and check them on a regular basis. If you use the Site and/or services after any changes have been made to the Privacy Policy, this will automatically mean that you have given consent to all the changes and alterations made. The use of the information that we collect is subject to the most up-to-date Privacy Policy that is in effect at the time.

11. CONTACT INFORMATION.

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data, or your rights regarding such matters, please do not hesitate to contact us at: privacy@capitalwe.co.uk.