Blue Sky Services Development, LLC PRIVACY POLICY & TERMS OF USE AGREEMENT for BLUESKYCROWDFUNDING.com
This website (“Site”) for Blue Sky Services Development, LLC (“Blue Sky,” “we,” or “us,”) was created to attract investors and provide information regarding our company, including our investment services, lending services and joint venture opportunities (together with the Site, the “Services”). We value and respect the privacy of our site visitors (“you,” “your,” or “user,”) and in an attempt to protect your privacy we have created the following Privacy Policy & Terms of Use Agreement. The information contained herein applies to the collection of data by Blue Sky, its subsidiaries, and its affiliates. If you have any questions or concerns regarding this Privacy Policy & Terms of Use Agreement, please contact us at info@blueskyservices.com.
The use of this site is owned and maintained by Blue Sky Services Development, LLC, a limited liability company organized and existing under the laws of the State of North Carolina and is governed by the policies, terms and conditions set forth below. Your use of this site signifies your acceptance of the terms and conditions set forth herein. Please read them carefully.
The investments offered by the issuers on blueskycrowdfunding.com investments may be sold only to (A) investors who are (i) "accredited investors" as defined in Rule 501 under the U.S. Securities Act of 1933, as amended (the "Securities Act"), or (B) certain eligible investors who are not "U.S. persons" as defined in Rule 902 under the Securities Act. The issuers on blueskycrowdfunding.com offer the Securities in reliance on Rule 506 and Regulation S under the Securities Act, which are exemptions from the registration and disclosure requirements that apply to offerings registered under the Securities Act. None of the issuers offering Securities through blueskycrowdfunding.com have been registered, or are required to register, as an investment company under the Investment Company Act of 1940, as amended. Therefore, investors will not benefit from the protection of those acts. The Securities and Exchange Commission has not passed on the merits of or approved the Securities, the offering or the accuracy or completeness of any offering materials. The Securities are subject to legal restrictions on transfer and resale, and investors should not assume they will be able to resell their Securities. Risk factors disclosed in the offering materials for each investment should be carefully reviewed prior to making any investment decision and investors should be able to bear the entire loss of any investment.
The material contained in this website may include forward looking financial statements and/or representations. Neither blueskycrowdfunding.com nor its affiliates make any representation or warranty, express or implied, as to the accuracy or completeness of this information, and nothing contained herein shall be relied upon as a promise or representation that past performance will be indicative of future performance. The information presented on this website may not be up to date and although images and concepts reflect good faith beliefs, expectations, estimates and/or projections of blueskycrowdfunding.com, they are not guarantees and are subject to change. Blueskycrowdfunding.com undertakes no obligation to update any outdated information.
All material on the site, including, without limitation, all informational text and numbers, race data, design of and "look and feel," photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by Blue Sky or other parties that have licensed their material to Blue Sky, and are protected by copyright, trademark, and other intellectual property laws. Blue Sky disclaims any proprietary interest in copyrights, trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images, audio, and service marks displayed on the site are the property of either Blue Sky or other third parties; users of the site agree not to display or use such property without the company’s prior written permission.
The Materials on the site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of Blue Sky. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use, without the prior written consent of Blue Sky, is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.
BLUESKYCROWDFUNDING.COM takes privacy seriously and endeavors to protect the privacy of its users through appropriate measures.
COLLECTED INFORMATION
We may gather and store aggregate information about visitors including but not limited to selections made regarding regions, series, length, start date, end date, etc. as well as other user data accessible through visiting the site. The collection of this aggregate information enables us to measure the number of visitors to various portions of the site, diagnose problems with our server, administer the site, and to track visitor activity including preferences regarding particular race related items. We will use this aggregate information to learn more about what our users are expecting from our services, and tailor and improve the site. Below are ways we may collect this aggregate information:
•HTTP cookies, flash cookies, user selections, or other similar technologies.
•Pixel-tags also known as web beacons or clear GIF's or similar means. The data collected includes such anonymous information as what operating system and browser you use, how you navigate to and through our Site, how long you stay on our web pages, and when you open emails from us.
•Internet Protocol address which is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. Collecting Internet Protocol addresses is standard practice on the Internet and is done automatically by many websites.
Blue Sky collects personal and financial information from users as they visit the site. However, the majority of information that is collected is during the registration and/or application process. While some information is optional, most information collected is required for some legal or security purpose and disclosure of said required information is a condition precedent to participating in the Services offered by blueskycrowdfunding.com.
In general, the nature and type of information we collect includes, but is not limited to:
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Personal data required to verify your identity
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Personal and financial data necessary to assess your eligibility to utilize the Services on the Blue Sky platform; and
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Un-identifiable and aggregated personal data pertaining to your Site visits that helps us maintain the appropriate features, functionality and user experience
We may store and display information which you voluntarily provide, either by directly posting on the Service or Site or via frictionless sharing from integration of our API’s widgets into your software and/or website(s), from direct use of our firm-based internet utilities and from social media accounts. By voluntarily provided the aforementioned information, you are consenting to our use of it in accordance with this Privacy Policy & Terms of Use Agreement.
PERSONAL DATA
Investor registration applications will require you to provide basic personal data. Such information may include, but is not limited to, your name, email address, a password, answers to security questions, home address, primary business address, country of residence, citizenship, information about your income and net worth, phone number, date of birth, social security number and/or tax identification number, job title, bank account information, and other similar information. We use this data to: (i) enable you to log in to the Site; (ii) establish your ability to view offering materials and to make investments through the Site (e.g., “accredited investor” status); (iii) verify that you are at least 18 years of age; (iv) guard against potential fraud; (v) contact you if there is a problem with your account; and (vi) maintain regular communications with you as may be necessary to inform you of upcoming investment opportunities and other Company updates.
We will also gather the names and email addresses of Users who contact us through the Site with questions about our Company or Site. We collect this information for the sole purpose of responding to such inquiries and do not store the contact information unless requested to do so, as in the case of job applicants who submit resumes.
FINANCIAL DATA
When agreeing and subscribing to make an investment in one of our offerings on the platform, you may again be asked to provide personal data. You will be required to provide financial data, such as your bank routing number and bank account number, to help facilitate the process.
NON-IDENTIFIABLE DATA
Blueskycrowdfunding.com may link to other websites. The operators of those other websites may collect information about you, through cookies or other technologies. If you link to another website, you will leave blueskycrowdfunding.com. Site and this Online Privacy Policy will not apply to your use of and activity on those other sites.
If you provide personal information through any other site, your transaction will occur on that website (not blueskycrowdfunding.com) and the personal information you provide will be collected by, and controlled by, the privacy policy of that website operator. Links on our site to other websites are provided only as a convenience, and the inclusion of such links does not imply endorsement of the linked site. We encourage you to read the legal notice posted on those sites, including their privacy policies. We have no responsibility or liability for your visitation to, and the data collection and use practices of, other sites.
Blueskycrowdfunding.com's site is not directed to or intended for children. Blueskycrowdfunding.com does not knowingly collect or post information from children under the age of 13 in compliance with laws protecting the privacy of children. Children under the age of 13 are not knowingly allowed to use blueskycrowdfunding.com in any manner in order to comply fully with the Children's Online Privacy Protection Act.
SHARING OF USER INFORMATION
We do not sell or rent personal information about our Users for marketing purposes. We do, however, share your personal information with our trusted partners who perform vital functions with respect to the investment opportunities on our Site.
If you use our blog on the Site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other Users of this forum and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you chose to submit through this forum.
We also work with (among others) providers of hosting services for the Site, electronic signature providers, and electronic payment providers. We may engage third parties to help us carry out certain other internal functions such as account processing, client services, or other data collection relevant to our business. Examples of third parties might include those that perform data processing, reporting, tax documentation, custody or escrow services. Information is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform, as well as other specific services, like collections. Our partners are legally required to keep your information private and secure.
We may share your information with law enforcement or other government agencies as required by law or for the purpose of limiting fraud. We reserve the right to disclose your personally identifiable information when we believe that disclosure is necessary to protect our rights or comply with a judicial proceeding, court order or legal process. We further reserve the right to disclose any of your personal information that we believe, in good faith, appropriate or necessary to take precautions against liability, to investigate and defend against any third party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Site or the Service, or to protect the rights, property or personal safety of the Company, its Users, issuers, or others.
We take reasonable precautions to safeguard the personal information transmitted between visitors and the site and the personal information stored on our servers. Unfortunately, no method of transmitting or storing data can be guaranteed to be 100% secure. As a result, although we strive to protect your personal information, we cannot ensure the security of any information you transmit to us through, or in connection with, the site. If you have reason to believe that your interaction with us is no longer secure (for example, you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us. In the unlikely event that we believe the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development. If notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances; and, to the extent we have your email address, we may notify you by email.
We may send you various email notifications from time to time. Some notifications will be required elements of your transaction on our platform, such as confirmations of certain actions. We may also send out notices that are required for legal or security purposes. For example, certain notifications are sent to protect our Users by ensuring that another person cannot make a change to your account without your knowledge. Other examples may include changes to various legal agreements or Site policies.
Additionally, upon registration with the Site you will be compelled to respond via email to complete your registration. Thereafter, you may receive emails informing you of new investments being offered or updates regarding the progress of the funding of such offers and any other relevant information.
We encourage all Users to review their information regularly to ensure that it is correct and complete. If you believe that any of your information is incorrect, or if you have any questions regarding this Privacy Policy and Terms of Use Agreement, please contact us at info@blueskyservices.com
If you receive an email or other correspondence requesting that you provide any sensitive information via email or to a website that does not seem to be affiliated with the site, or that otherwise seems suspicious to you, please do not provide such information. Report such requests to us immediately at blueskyservices.com
INTERNATIONAL USERS
This Online Privacy Policy applies to our United States operations. We maintain the site in the United States, and the site is not intended to subject blueskyservices.com or any affiliated entity to the laws or jurisdiction of any state, country, or territory other than that of the United States. Blueskyservices.com does not represent or warrant that the Site or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations.
If you chose to use the Services offered on the Site from the European Union or any other region of the world with laws that govern data collection and use that may differ from United States law, please note that you are transferrin your personal information outside of those regions to the United States, and that providing your personal information on or through the Site then you consent to that transfer.
SECURITY POLICIES & PROCEDURES
Access to your personal information is limited to those employees and other persons who have a legitimate business need to access such information and those necessary to complete a transaction. In compliance with industry standards and practices, we maintain appropriate physical, electronic and procedural safeguards and controls to protect your information. Users may be required to identify and authenticate themselves prior to accessing sensitive portions of the Site. Identification and authentication may take place through the use of a username and a password as a condition precedent to accessing the Site.
Users may take precautionary measures to protect the security of your computer and personal information. A strong password and restrictive access to your email account are essential to protecting your security. All users should install antivirus protection and firewall software to protect your computer from external attacks and malicious activities. Additionally, Users are encouraged to log out and close the browser window after each session.
Users should be alert for fraudulent attempts to learn your account information through the use of genuine-looking but highly predatory emails referred to as “phishing”. These emails may ask Users to visit a website or request your login. DO NOT PROVIDE YOUR LOGIN INFORMATION. You can protect yourself from phishing by never providing your login information via email, rather, go to the website directly.
OTHER TERMS AND CONDITIONS
We reserve the right to amend this Online Privacy Policy at any time in order to address future developments of blueskycrowdfunding.com, the Site, or changes in industry or legal trends. We will post the revised Online Privacy Policy on the Site or announce the change on the home page of the Site. You can determine when the Online Privacy Policy was revised by referring to the "Last Updated" legend on the top of this policy. Any changes will become effective upon the posting of the revised Online Privacy Policy on the Site. By continuing to use the site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Online Privacy Policy, in whole or part, you can choose to not continue to use the site. If you have any questions or comments about this Online Privacy Policy, please feel free to contact us at info@blueskyservices.com.
The site is owned and maintained by Blue Sky Services Development, LLC, a North Carolina limited liability company. In the event there is a change in the corporate structure of Blue Sky Services Development, LLC, such as a merger, consolidation, sale, liquidation, or transfer of substantial assets, Blue Sky Services Development, LLC may, in its sole discretion, transfer, sell or assign information collected on and through this site, including personal information about you, to one or more affiliated or nonaffiliated third parties.
BLUE SKY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. BLUE SKY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE OR BLUE SKY’S DATA WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BLUE SKY SERVICES DEVELOPMENT, LLC.
This agreement shall be governed by North Carolina law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this agreement or the service shall be subject to the exclusive jurisdiction of the state and federal courts located in North Carolina. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between the user and the company as a result of this agreement or use of this site. The failure of company to enforce any right or provision in this agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by company in writing. This agreement, together with any applicable form and policies, comprises the entire agreement between the user and company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.