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FIVESPAN PARTNERS, LP

PRIVACY NOTICE FOR CALIFORNIA CONSUMERS

This notice contains disclosures required by the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CPRA”). Terms defined in the CPRA have the same meaning when used in this notice. This notice is only relevant to California residents (“consumers” or “you”) and applies only to the collection or other use of “personal information” that is subject to the CPRA. Consumers with disabilities may access this notice by accessing a PDF version here .

Information We Collect.  We may collect, retain, and disclose certain types of personal information (“Personal Information”) for business purposes. Such information may include (i) identifiers, such as name, alias, email address, postal address, Internet Protocol (IP) address, account name, Social Security number, driver’s license number, passport number, or other similar personal identifiers, (ii) other personal information categories, as listed in the California Customer Records Statute, such as a signature, physical characteristics or description, telephone number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information, (iii) protected classification characteristics under California or federal law, such as age, race, citizenship, marital status, sex, veteran or military status, (iv) commercial information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, (v) internet or other similar network activity, such as browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement, (vi) professional or employment-related information, such as current or past job history or performance evaluations, (vii) non-public education information, such as education records directly related to a student maintained by an educational institution or party acting on its behalf, (viii) inferences drawn from other personal information, such as a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes, or (ix) other sensitive personal information, such as a driver’s license, state ID card, or passport number; account log-in data in combination with any access code, password, or account credentials; precise geolocation; racial/ethnic origin, religious/philosophical beliefs, or union membership; contents of mail, email, and text messages.

  • Information We Collect and Track: We may collect and retain two types of information about site users: (i) personal information that individual visitors voluntarily provide when using the site or on certain other occasions (such as via forms or in emails); and (ii) tracking data, which is automatically collected from every site visitor. We may, from time to time, store and archive the information you submit to or through the site. The information that we gather may include your name, title and address, telephone number, email address or other elements of personal information.  In addition, if you contact us, we may keep a record of your correspondence, including any information contained therein. You may decline to provide any personal information, but please realize that you thereby may be unable to access certain services and sections of the site.  In addition to the information you submit to or through our site, we also may collect and store data from and about you gathered in the course of your use of our site, which may include information regarding the number and frequency of site visits, the websites that you access before and after you visit our site, the software and operating system used to access our site and your IP address and Internet service provider.

  • Use of Cookies: We or our third-party service providers may use cookies, local shared objects, web beacons and other similar technology (collectively, “Cookies”) in connection with your use of our site or site Content. Cookies are small pieces of information that a website transfers to your computer’s hard drive for record-keeping purposes and may have unique identifiers and transmit information about you and how you use our site, which may include your search preferences, browser type and the date and time of use. If you choose, you can disable some (but not all) Cookies in your device or browser settings, but doing so may affect your ability to use our site or receive third-party services through our site.

  • How We Use Your Information: The information that you provide to us and that we may collect in the future is used for our business purposes and the purpose for which you provided it only, subject to these Terms, including, without limitation, to respond to your requests or correspondence, to contact you about the site, to request feedback regarding ways to improve the site and/or to inform you about our activities, products and services or those of our affiliates. We may analyze your information, including tracking data, to provide you with useful information and improve our services through enhanced features and functions on the site.  For example, your information may be used to, without limitation, compile statistical, demographic or aggregated information about visitors to the site generally, or for load-balancing metrics, and also may be used to create reports on user demographics and the traffic patterns of the site.  We will not disclose any personal information collected through the site to third parties in an identifiable, disaggregated format, except: (i) to our affiliates, agents, consultants and contractors; (ii) to service providers who assist us in running the site and our business; (iii) when we believe that such disclosure is required by law; (iv) to enforce these Terms; (v) to protect the rights, property, security or safety of ValueAct, site users or the public; (vi) to respond to an emergency; or (vii) as otherwise stated in these Terms. In addition, we may disclose information to certain third parties if you have requested or authorized the disclosure of such information. We may also share aggregated or deidentified information in our sole discretion.  Please note that although we use reasonable efforts to limit third-party use of information, we are not responsible for such third-party use of information. From time to time, we may email site users with information regarding important developments affecting ValueAct or otherwise regarding the site. Such emails may be sent to site users even if they have not requested to receive any communication from us.

  • Information Transfer: We retain the right to transfer or assign your information to our successor or in connection with any change of control, merger, business combination, stock sale, asset sale, reorganization, amalgamation or other company transaction relating to ValueAct or our assets, in whole or in part, without notice to you.

  • How Your Information Is Protected: We take reasonable precautions to protect your information from loss, misuse or alteration. You should recognize, however, that there is no such thing as “perfect security” on the Internet, and we cannot guarantee the security of your information. In addition, because Internet communications are unsecure, it is also possible that the information you supply to us or your access of any information via the Website will be intercepted during transmission. We are not liable for any breach of our systems or interception of our transmission, and we hereby fully disclaim, to the fullest extent possible under law, any liability associated with any claim relating to a breach of security, data or information.

  • Compliance with Laws: We reserve the right to disclose any information that we believe is necessary to comply with any law, regulation, decree, judgment, order, subpoena or any other governmental order (“Order”) without any obligation to contest or verify the accuracy of such Order.

LIMITATION OF LIABILITY

We shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use of or the inability to use the site or Content or resulting from unauthorized access this site, including but not limited to, damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

If you are dissatisfied with any portion of the service, or with any of these Terms, your sole and exclusive remedy is to discontinue using this site.

WAIVER OF JURY TRIAL

To the fullest extent permitted by applicable law, you hereby irrevocably waive any and all right to trial by jury in any legal proceeding arising out of or relating to this agreement or the transactions contemplated hereby.

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold us, and our subsidiaries, affiliates, officers, agents, employees, contractors and advisors harmless from any claim or demand, including any liabilities, losses, costs, damages, reasonable attorney’s fees and expenses, made by any third party based on or arising out of your use of this site, your violation of these Terms, or your violation of any rights of another.

TERMINATION

We may terminate or suspend your access to all or part of this site or Content, without notice, for any reason.  These Terms will automatically terminate upon your breach of any provision of these Terms, provided that applicable provisions will survive such termination (including, but not limited to, Governing Law, Disclaimer of Warranties, Indemnification, Limitation of Liability and Waiver of Jury Trial).

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