Legal Notices &
Disclosures.

This website and any content made available through it, including articles, newsletters, videos, and other 322 Ventures–operated public channels (collectively, the “Site”), is provided for educational purposes only. The Site is intended to provide information about certain of 322 Ventures LLC’s (“322 Ventures”) strategic and business relationships with its portfolio companies as a reference for portfolio company owners and executives. This Site does not constitute investment advice or an offer to sell or a solicitation of an offer to buy any securities in connection with any investment fund that 322 Ventures manages. Accessing the Site does not create an investment advisory, fiduciary, or other relationship with 322 Ventures. Nothing on the Site constitutes investment, legal, tax, accounting, or other professional advice; consult your own advisers.

The Site is not intended to be complete and may not be used or relied upon in evaluating the merits of any investment or in making any investment decision. The Site may contain forward-looking statements and/or projected or hypothetical outcomes. Such statements and projections are based on assumptions and expectations as of the date indicated, are subject to risks and uncertainties, may change without notice, and actual results may differ materially. 322 Ventures undertakes no obligation to update or revise any information.

Any investments, portfolio companies, case studies, or example transactions referenced are selected and are not representative of all investments made by 322 Ventures or any fund or vehicle it advises. No assurance is made that any investment was or will be profitable, and past performance is not necessarily indicative of future results. A list of 322 Ventures’ portfolio companies (except those subject to confidentiality obligations or for which an issuer has not provided permission for 322 Ventures to disclose publicly) is available to clients upon request.

The Site may include links or references to third-party information that may be of interest or use. 322 Ventures does not endorse or adopt, and has not independently verified, such information and makes no representation or warranty as to its accuracy or completeness. Third-party links are provided for convenience only and 322 Ventures is not responsible for third-party content or any loss arising from its use.

The inclusion of any third-party names, logos, trademarks, or portfolio company references does not imply affiliation with, endorsement of, or sponsorship by such third parties.

Welcome to 322ventures.com, owned and operated by 322 Ventures LLC (“322 Ventures,” “we,” or “us”). By using this website and its associated services (including any articles, newsletters, videos or other content available hereon) (collectively, the “Site”), you agree to these terms and conditions of use (the “Terms”); if you do not agree, you may not use the Site. These Terms incorporate by reference the Legal Notices & Disclosures made available on the Site, which apply to your access to and use of the Site and its content. 322 Ventures may modify the Site and/or these Terms from time to time without notice to you, except that if 322 Ventures makes material changes to these Terms, we will post the revised Terms and the revised effective date on this Site and/or provide notice by some other means. By using the Site following any modifications to the Terms, you agree to be bound by the modified Terms.

Use of the Site.

You must be at least 18 years old to use our Site. You will comply with all applicable laws, rules and regulations in connection with your use of the Site. You will not violate or attempt to violate the security of the Site or 322 Ventures’ 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 use of manual or automated means).

Information Not Confidential; Not an Offer to Invest; Site Content.

If you choose to contact any 322 Ventures personnel using the contact information you find on the Site, you understand any information and/or materials you provide to such personnel will not be treated as confidential or proprietary. 322 Ventures undertakes no obligation to review information submitted by you, or to return such information to you. 322 Ventures may receive information that is similar to information you submit, or may have already received information containing ideas and plans that are the same as or similar to ideas and plans contained in information you submit to 322 Ventures. Nothing you submit to 322 Ventures 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 322 Ventures personnel is not an indication that 322 Ventures or its affiliated funds will invest in any business you are associated with, nor is it an invitation to invest in any 322 Ventures entity or affiliated fund, nor is it an offer to provide advisory services. You understand 322 Ventures is not in any way obligated to invest, offer the opportunity to invest, or to consider an investment or opportunity to invest. Any such offer or solicitation will be made separately and only by means of confidential offering documents specific to the relevant investment fund or other investment vehicle to investors that, among other requirements, meet certain qualifications under federal securities laws. There can be no assurance that 322 Ventures’ investment strategies will be successful or that 322 Ventures’ investment objectives will be achieved. Any investment in a fund or other investment vehicle managed by 322 Ventures involves a high degree of risk, including the risk of a complete loss of investment.

Any 322 Ventures portfolio companies or other investments described or referenced via the Site are not representative of all investments of the funds managed by 322 Ventures, and there can be no assurance that the investments described or referenced will be profitable or that future investments will have similar character or results. A list of investments made by funds managed by 322 Ventures is available to clients upon request. Past performance is not necessarily indicative of future results.

Any opinions expressed via the Site reflect the views of the individual posters or personnel quoted therein, are not the views of 322 Ventures, and are subject to change. Certain information available via the Site has been obtained from third-party sources, including from portfolio companies of investment funds managed by 322 Ventures. While taken from sources we believe are reliable, 322 Ventures has not independently verified all such information, and 322 Ventures makes no representation or warranty about the accuracy of such information or its suitability for any purpose. The opinions expressed via the Site are not intended to constitute investment, accounting, tax or legal advice; nothing in the Site is a recommendation that you purchase, sell or hold any security or other investment or that you pursue any particular investment strategy.

Certain statements made or other information disseminated via the Site by individual 322 Ventures personnel may constitute “forward-looking statements” under the Private Securities Litigation Reform Act of 1995. To the extent any information made available via the Site constitutes a forward-looking statement (which may be identified by use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “upside,” “potential,” “project,” “estimate,” “intend,” “forecast,” “target,” “believe” or similar terminology), please note that actual events, results or performance may differ materially from those reflected or contemplated by such statement. 322 Ventures disclaims any obligation to update any forward-looking statement in the event it later turns out to be inaccurate, whether as a result of new information, future events or otherwise. Any projections, estimates, forecasts, targets or opinions expressed via the Site are subject to change without notice and may differ from opinions expressed by others. Any charts included in the Site content are provided solely for general informational purposes and should not be relied upon when making an investment decision.

322 Ventures Proprietary Rights.

The Site, including all of its contents (including, text, images, audio, and the HTML used to generate the pages) (“Content”), are the property of 322 Ventures or that of our suppliers or licensors and are protected 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 322 Ventures. 322 Ventures 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. 322 Ventures (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein.

Without limiting the foregoing, as between you and 322 Ventures (or other companies whose marks appear on the Site), 322 Ventures (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 Mark, whether of 322 Ventures or a third party. You may not use or exploit any Marks without prior written consent from the applicable owner thereof.

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 322 Ventures in any way and 322 Ventures is not responsible for any content contained therein. These links do not imply 322 Ventures’ endorsement of or association with any Third Party Site. 322 Ventures 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.

Disclaimer of Warranties.

THE SITE, INCLUDING, WITHOUT LIMITATION, 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 322 VENTURES (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).

Limitation of Liability.

TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL 322 VENTURES, ITS AFFILIATES (INCLUDING AFFILIATED FUNDS) OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE “322 VENTURES 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 322 VENTURES 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 322 VENTURES 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.

General Information.

These Terms are governed by the laws of the State of California, without regard to the conflicts of laws provisions thereof. In the event of any dispute arising in connection with these Terms, you hereby consent to exclusive jurisdiction and venue in the state and federal courts of Orange County, California. The failure of 322 Ventures to exercise or enforce any right or provision of these 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 or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You may not assign these Terms or transfer any of your rights or obligations hereunder without 322 Ventures’ express written consent. These Terms inure to the benefit of 322 Ventures’ successors, assigns and licensees. These Terms are the entire agreement between you and 322 Ventures with respect to the subject matter herein.

Privacy Policy.

We respect your privacy and you are entitled to the protection of your personal information. Please read the Privacy Policy below to learn how we treat your personal information.

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

What this Privacy Policy Covers.

This Privacy Policy covers important information and disclosures relating to how we treat Personal Data that we gather when you access or use our Site, but does not cover the practices of companies we don’t own or control or people we don’t manage, nor to the privacy practices of any entity with whom we have an investment relationship, even if 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 that you may have additional rights to control the use and disclosure of your Personal Data. Residents of California should refer to the relevant subsections below. If you have a disability, you may access this Privacy Policy in an alternative format by contacting risk@322ventures.com.

We provide our investors with access to investment information through a user-credentialed investor portal (“Investor Portal”). Within the Investor Portal you may submit or provide Personal Data, such as name, address, government-issued identification information, and information relating to your investments, assets and income. Note that our collection and processing of such Personal Data is governed by our Investor Privacy Notice, which we make available to you within the Investor Portal, your subscription documents, or otherwise at your request. If you are an investor and have questions about the Investor Portal, please contact risk@322ventures.com.

If you seek to access investment information through the Investor Portal, we may ask you to create an account and profile. The account and profile will include information that can be used to identify you, including log in credentials. This information will be shared with and made available to the vendor operating the Investor Portal in order to facilitate the portal’s functioning. We may receive information about your use of and interaction with the Site, including the Investor Portal, when you engage with our online offerings.

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

Categories of Personal Data We Collect.

We may collect the following categories of Personal Data: profile or contact data (such as first and last name, email); device/IP data (such as IP address, device ID, domain server, type of device/operating system/browser used to access the Site); web analytics (such as web page interactions, referring webpage/source, non-identifiable request IDs, and statistics associated with the interaction between device or browser and the Site); and other identifying information that you voluntarily choose to provide. We share these categories of Personal Data with our service providers, business partners, and parties you authorize, access, or authenticate.

Categories of Sources of Personal Data.

We collect Personal Data about you from the following categories of sources: (i) you, when you provide such information directly to us, when you use our Site, 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 otherwise contact us, or when you use the Site and such information is collected automatically through Cookies (defined in the “Tracking Tools and Opt-Out” section below); and (ii) third parties, including vendors who help us analyze how you interact and engage with the Site, or third parties that help us provide you with customer support, and vendors we use to host and manage the Investor Portal who may provide us with data regarding how you interact and engage with the Investor Portal.

Our Commercial or Business Purposes for Collecting or Disclosing Personal Data.

We collect and disclose Personal Data for the following purposes: providing, customizing and improving the Site (including providing you with the products, services or information 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; doing fraud protection, security and debugging; and 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, as amended by the California Privacy Rights Act of 2020 (the “CCPA”)); corresponding with you (including responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about us or the Site, and sending emails and other communications according to your preferences or that display content that we think will interest you); and meeting legal requirements and enforcing legal terms (including fulfilling our legal obligations under applicable law, regulation, court order or other legal process; 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; and resolving disputes).

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice.

How we Share Your Personal Data.

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

Service Providers.

These parties help us provide our services or perform business functions on our behalf. They include vendors that provide advertising, direct marketing and lead generation; content, functionality and infrastructure optimization; web and mobile analytics; website and investor portal hosting, performance monitoring and testing; and security and fraud prevention.

Business Partners.

These parties partner with us in offering various services. They include businesses that we have a relationship with, including our investment fund affiliates.

Parties You Authorize, Access or Authenticate.

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 of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that 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 before your information becomes 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 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 analyze, build and improve the Site and promote our business, provided that we will not share such data in a manner that could identify you.

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 our servers to recognize your web browser and tell us how and when you visit and use our Site, to analyze 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, including through the vendors we engage with to host and manage the Investor Portal, use both essential Cookies (which are required for providing you with features or services that you have requested, such as Cookies that enable you to log into secure areas of our Site) and functional Cookies (which 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).

You can decide whether or not 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 on acceptance of each new Cookie 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.

Data Security.

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 provide to us. Although we work to protect the security of your account and other 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 of any data you share with us, and except as expressly required by law, we are not responsible for the theft, destruction, loss or inadvertent disclosure of your information or content.

Data Retention.

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. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. For example, we retain your device/IP data for as long as we need it to ensure that our systems are working appropriately, effectively, and efficiently. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

Personal Data of Minors.

We do not knowingly collect or solicit Personal Data about children under 16 years of age, except with parental consent. 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 quickly as possible. If you believe that a child under 16 years of age may have provided Personal Data to us, please contact us at risk@322ventures.com.

Privacy Rights of California Residents.

If you are a resident of California, you have the rights set forth in this section. If there are any conflicts between this section and any other provision of this Privacy Policy, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at risk@322ventures.com.

Access.

You have the right to request certain information about our collection and use of your Personal Data over the past 12 months, including the categories of Personal Data we have collected about you; specific pieces of Personal Data we have collected about you; categories of sources from which that Personal Data was collected; the business or commercial purpose for collecting your Personal Data; categories of third parties with whom we have shared your Personal Data; and 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 the Personal Data that we have collected about you, subject to certain exceptions under the CCPA: for example, we may need to retain your Personal Data to provide you with the Site or services or complete a transaction or other action you have requested, or if deletion of your Personal Data involves disproportionate effort.

Sale of Personal Data.

We do not “sell” your Personal Data, as that term is defined in the CCPA, and have not done so over the last 12 months. We also do not sell the Personal Data of minors under 16 years of age.

Personal Data Sharing Opt-Out and Opt-In.

Under the CCPA, California residents have certain rights when a business “shares” Personal Data with third parties for purposes of cross-contextual behavioral advertising. We will not share your Personal Data for cross-contextual behavioral advertising, and have not done so over the last 12 months. To our knowledge, we do not share the Personal Data of minors under 16 years of age for purposes of cross-contextual behavioral advertising.

No Discrimination.

We will not deny you access to our Site or provide you a lower quality of services if you exercise your rights under the CCPA. If you have any questions about this section or whether any of the above rights apply to you, please contact us at risk@322ventures.com.

Privacy Rights of Other United States Residents.

California Resident Rights.

California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes, under California Civil Code Sections 1798.83-1798.84. If you would like to submit such a request, please contact us at risk@322ventures.com.

Nevada Resident Rights.

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. If you are a Nevada Resident, you can exercise this right by contacting us at risk@322ventures.com with the subject line “Nevada Do Not Sell Request” and providing us with your name. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.

Changes to This Privacy Policy.

We’re constantly trying to improve our Site and services, so we may need to change this Privacy Policy from time to time, but we will alert you to any such changes by placing a notice on our website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Site and/or services, and you are still responsible for reading and understanding them. If you use the Site and/or services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

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 choices and rights regarding such collection and use, please do not hesitate to contact us at risk@322ventures.com.