California

Terms & Conditions

Updated November 20, 2018

Welcome to the investor acquisition, management and engagement platform and website operated by APRA Capital (the “Company,”, “we,” or “us”). These Terms and Conditions (this “Agreement”) govern the contractual relationship between the Company and the individual person or entity (“you” or “your”) who accesses, uses or registers to use the platform or website found at investor.apracapital.com or any web address that resolves to the website, or content, service or feature available through the website (collectively, the “Website”). Therefore, PLEASE READ THIS AGREEMENT CAREFULLY, IN ITS ENTIRETY, BEFORE ACCESSING, USING OR REGISTERING TO USE THE WEBSITE.

By accessing, using or registering to use the Website: (i) you represent and warrant that you are over the age of 18 and are lawfully able to enter in and agree to the Agreement; (ii) you accept and agree to be bound by the Agreement, including as it may be updated or revised from time to time by the Company, and all other terms and policies referenced or incorporated herein by reference; and (iii) you represent and warrant that you are authorized to enter into the Agreement on behalf of any entity if you are accessing, using or registering to use the Website on behalf of that entity.

1. Ownership
   The Website is owned and operated by the Company. The Website may be protected by U.S., foreign and/or international copyright laws, trademark laws, and/or other intellectual property laws.
2. Use of the Website
   
   1. You understand and acknowledge that a purpose of the Website is to provide a technology platform that permits Accredited Investors (as defined below) and certain other persons to independently connect with issuers of securities relating to real estate investments.
   2. The Website shall not be used other than for its intended purposes, as determined in the Company’s sole discretion. You are specifically prohibited from using the Website to defame, abuse, harass, bully, threaten or otherwise violate the legal rights (such as the rights of privacy and publicity) of others, and/or publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information, or engage in criminal behavior, or cause others to engage in any of the aforementioned conduct.
   3. Those portions of the Website that relate to current investment opportunities or to making investments in the securities offered therein are available only to certain qualified, registered and authorized users. Therefore, such portions may not be available in all jurisdictions.
   4. For persons resident in the United States, only “accredited investors,” as defined in Rule 501 of Regulation D of the Securities Act of 1933, as amended (the “Securities Act”), with a valid username and password, are authorized to access certain services and web pages (such persons being referred to as “Accredited Investors”). In general, to qualify as an Accredited Investor, individuals must have a net worth of more than $1 million (excluding their primary residence), or gross income for each of the last two years of at least $200,000 ($300,000 jointly with their spouse) with a reasonable expectation of a similarly qualifying income during the current year. Prior to making any investment through the Website, you will be required to provide supporting documents proving that you are an Accredited Investor. Alternatively, you may use one of our third-party verification providers. Your failure to provide any information and documentation requested to confirm your status as an Accredited Investor will be cause for us to discontinue your access to the Website.
   5. Persons who are resident outside of the United States are allowed access to such investment opportunities only if such access does not violate the laws of their country of residence. Those portions of the Website that relate to the viewing of actual investment opportunities or to making investments in the securities offered therein may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where we or one of our affiliates are not authorized to provide such information or services.
3. Securities Offerings; No Professional Advice Provided
   1. The securities offered on the Website have not been registered under the Securities Act, in reliance on the exemptive provisions of Section 4(2) of the Securities Act, Rule 506(c) of Regulation D, and/or Regulation S, promulgated thereunder. Securities sold through private placements are restricted and not publicly tradeable, and are therefore illiquid. Neither the U.S. Securities and Exchange Commission nor any state securities commission or other regulatory authority has approved, passed upon or endorsed the merits of any offering on the Website.
   2. The Company is not a registered broker-dealer, funding portal, or investment advisor and does not conduct any activity that would require registration as such.
   3. Investment overviews on the Website contain summaries of the purpose and principal business terms of the investment opportunities. Such summaries are intended for informational purposes only and do not purport to be complete, and each is qualified in its entirety by reference to the more detailed discussions contained in the investor document package relating to such investment opportunity. The information contained in the Website has been prepared by the Company without reference to any particular investment requirements or financial situation, and potential investors should consult with their own professional tax, legal and financial advisors before making any investment.
   4. You may not become a beneficial owner of 20% or more of any issuer’s outstanding voting equity securities (an “Issuer Covered Person”) without becoming subject to certain “bad actor” disqualifying events describedin Rule 506(d) of Regulation D (a “Disqualifying Event”). You represent that you are not subject to a Disqualifying Event and that you will promptly notify us in writing should any Disqualifying Events be applicable to you. To the extent you are subject to a Disqualifying Event, we reserve the right to cancel your investment and return any funds held in escrow or otherwise paid or submitted by you.
4. Privacy Policy
   The Company is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.
5. Trademarks
   The Company and any other product or service name or slogan contained in the Website are trademarks of The Company or its content providers, suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Company or the relevant trademark owner. The look-and-feel of the various aspects of the Website constitute a service mark, trademark and/or trade dress of The Company and may not be copied, imitated or used, in whole or in part, without The Company’s prior written permission.
6. No Warranties
   The Website is provided on an “as is” basis. The Company makes no representation or warranty regarding the accuracy, reliability or completeness of the Website or the content of any site linked from the Website. The Company disclaims all warranties, express or implied, including, but not limited to, non-infringement, warranties of title, implied warranties of quality, performance, merchantability, fitness for a particular purpose, security and accuracy. Further, the Company does not warrant that the Website or the computer server that makes it available is free of viruses.
7. Updates and Errors
   1. The Website could contain technical inaccuracies or typographical errors. The Company may make improvements and/or changes to the Website at any time. However, the Company has no duty to update the Website, and the Company shall not be liable for any failure to update such information.
   2. You agree and acknowledge that the Company and each and every of its officers, directors, employees, and agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential or incidental damages (including without limitation, lost profits, cost of procuring substitute service or lost opportunity) relating to, arising out of or in connection with the use of the Website or a linked site, or the delay or inability to use the Website or a linked site, even if the Company was made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. The Company cannot and does not guarantee continuous, uninterrupted or secure access to the Website.
8. Linked Internet Sites
   1. The Company prohibits caching and the framing of any content available through the Website. The Company reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the contents of any other Internet sites linked to the Website. Access to any other Internet sites linked to the Website is at the user’s own risk.
   2. The Company is not responsible for, and does not adopt or otherwise incorporate by reference, any rule, regulation, privacy provision, confidentiality provision, transmission of personal data provision, or other provision from a linked Internet site that differs from those provisions provided on the Website. The Company expressly disclaims any and all liability related to any such provision set forth on a linked Internet site.
9. Indemnity
   You agree to indemnify and hold the Company, its affiliates, and each of its respective directors, officers, employees, shareholders, partners and agents (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by any Indemnified Party arising out of, as a result of or in connection with any breach or alleged breach by you or anyone acting on your behalf of any term set forth in the Agreement.
10. Registering For an Account
    1. To obtain access to the Website, you must apply for an account and you agree to provide complete, true and accurate information when doing so. You agree to maintain such information current and accurate and all times. The Company reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the Website and your account only by using the account number or username and password supplied to you by the Company. You may subsequently change your username and password.
    2. You agree to provide banking information the Company, as well as any other information as may be necessary, for the purpose of transferring and facilitating payment.
    3. You are responsible for maintaining the confidentiality of your account access information. You agree to take reasonable steps to prevent others from obtaining your access information and to notify the Company of any unauthorized access or need to update or remove access for any of your employees or agents.
    4. If at any time you desire to terminate your relationship with, access to or use of the Website, you may cancel your account through your account page on the Website.
11. Your Consent to Electronic Transactions & Disclosures
    1. The Company or an affiliate (or a third-party servicer or escrow provider that we may retain) may receive payments, and makes all disbursements, through certified check, wire transfer or electronic funds transfers (ACH transfers) using the bank (or other financial institution) account information you provide to us. You will authorize such bank or other financial account to pay any amounts you agree to invest, and authorize the Company (or any such third-party servicer or escrow provider) to make any and all investment disbursements, to such account. You agree to provide the Company updated information regarding your bank or other account upon the Company’s request and at any time that the information earlier provided is no longer valid.
    2. As part of doing business with the Company, you consent to our provision of certain disclosures electronically, either via our Website or to the email address you provide to us. You further agree to receiving electronically all documents, communications, notices, contracts, and agreements, including any IRS Form 1099 or other tax forms, schedules or information statements, arising from, in connection with or relating to your registration as an investor on the Website, any investments you may make, your use of the Website, and the servicing of any investment you may make (each, a “Disclosure”), from the Company or any service provider we may use. The decision to do business with the Company electronically is yours. This Agreement informs you of your rights concerning Disclosures.
    3. Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transaction to which such Disclosures relate. Your consent will remain in effect until such time as all Disclosures relevant to all transactions in which you are involved have been made.
    4. You may not withdraw such consent as long as you have any outstanding investments made through the Website. If you have no outstanding investments made through the Website and wish to withdraw consent to doing business electronically, we will terminate your registered user account with us.
    5. You also expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, marketing partners, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular or mobile telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
12. Confidentiality of Information
    1. Should you receive information from the Company or through the Website with respect to any investment activity, you may not further disclose or otherwise provide such information to another party.
    2. You are entrusted with any information you receive on this Website from the Company, or other investors with respect to any investment activity. You acknowledge and agree to keep such information confidential. To the extent you opt not review such confidential documents about potential investments, you acknowledge and agree that you assume the risk that such additional information may be relevant to your decision to invest in a particular investment opportunity and you knowingly accept the risks of not reviewing such information. You agree that the Company, at its sole discretion and to the extent permitted by law, may access, read, preserve and disclose your account information, usage history and submitted content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any such content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of the Company, users of the Website, or the public.
13. Your Content
    1. By uploading, posting, blogging, or otherwise providing content to the Website for the purposes stated herein, you hereby grant the Company a perpetual, irrevocable, worldwide right and license to copy, use, reproduce, distribute, redistribute, publish, republish, upload, post, transmit, broadcast, modify, alter, create derivative works of, package, repackage, produce and sell copies of such content through the Website.
    2. You acknowledge that the Company prohibits the uploading, posting, blogging, or otherwise providing to the Website any content or any other material that infringes on any patent, trademark, copyright, trade secret, right of privacy, right of publicity, or any other applicable law or proprietary right.
    3. By uploading, posting, blogging, or otherwise providing content to the Website, you represent and warrant that:
       1. you have the legal capacity and authority to grant the rights and license set forth herein;
       2. the content that you submit to the Website does not infringe any copyright, trademark, right of privacy or right of publicity or other proprietary right of any third party, or defames or casts into disrepute in any manner any third party; and
       3. the content that you submit to the Website is or was not obtained in an unlawful way that can lead to civil or criminal liabilities. You indemnify and hold the Company harmless from any claims concerning or relating to content that you upload, post, blog, or otherwise provide to the Website.
    4. You agree that the Company and its directors, officers, employees, partners, agents or vendors shall not be liable for any damages, whether direct, indirect, consequential or incidental, relating to, arising out of or in connection with the use of, or the inability to use, content that you upload, post, blog, or otherwise provide to the Website.
    5. The Company reserves the right to take any actions that it deems necessary to protect its rights, all rights of which are specifically reserved.
14. Notification of Copyright Infringement
    1. The Company respects the intellectual property rights of others and has established the following procedure for receiving notice of infringement in compliance with the Digital Millennium Copyright Act (“DMCA”). Notices should be submitted to The Company’s copyright Agent: Please contact APRA Capital.
    2. To be effective, the notice should include:
       1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
       2. Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
       3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material on the Website;
       4. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
       5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
       6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
15. Violation of Agreement
    1. The Company reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including the right to block access from a particular Internet address to the Website, or report misuses to law enforcement.
    2. The Company operates the Website and reserves the right to change the Agreement at any time and from time to time without notice. The failure of the Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles herein are for convenience only and have no legal or contractual effect.
16. Access to Password Protected/Secure Areas
    Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
17. Termination
    1. Notwithstanding anything in the Agreement, the Company reserves the right, without notice and in its sole discretion, to terminate the Agreement, your account, and/or to block your use of the Website.
    2. You may terminate your relationship with, access to and use of the Website at any time by canceling your account through your account page on the Website.
18. Jurisdiction and Venue
    This Site is controlled and operated by the Company from its offices within the United States of America. Any claim relating to the Website shall be governed by the internal substantive laws of the State of New York. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the state of New York. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you against the Company arising out of, in connection with or related to your use of the Website or the Agreement must be filed by you within one (1) year after such claim or cause of action arose.

Privacy Policy

APRA Capital Privacy Policy – Template policy for client portals

Please read this privacy policy (the “Privacy Policy”) carefully to understand how APRA Capital, its subsidiaries and affiliates, successors, assigns, vendors and third-party suppliers (collectively referred to herein as the “Company”) uses and protects the information provided to it by any individual person or entity (“you” or “your”) who accesses, uses or registers to use the Properties (as herein defined). This Privacy Policy applies to the website at investor.apracapital.com(the “Website”) and any variations or successors to it, any domain address that resolves to the Website, any Company computer software or applications, downloadable or otherwise, available from the Website (“Software”) and any Company services purchased or otherwise made available from the Website (“Services”) (the Website, Software and Services are collectively referred to as the “Properties”).

This Privacy Policy applies to you and is incorporated into and is a part of the Terms and Conditions (the “Terms and Conditions”) of the Website. Your using, accessing or registering to use the Properties is subject to the Terms and Conditions and this Privacy Policy, and indicates your agreement and acknowledgement to be bound by them.

For purposes of this Privacy Policy, “Materials” refers to, without limitation, any and all audio and visual works or content in any medium or format, including, without limitation, film, video, text, logos, artwork, graphics, pictures, images, advertisements, aural and other forms of expression, whether in still, live, animated or streaming format, contained in works posted, uploaded or provided to the Company, the Properties, or into the technologies described herein, in any method or form, by you, or anyone on your behalf.

1. Types of Information the Company Collects from You
   “Personal Information.”
   Personal Information refers to information that lets the Company know the specifics of who you are and that may be used to identify, contact or locate you. Personal Information may include your name, mailing address, telephone number, e-mail address, billing address, payment information, financial institution information, information about uploads, Internet Protocol (IP) address and the device used to upload the Materials (this data may be meta-data embedded in the Materials) and other information relating to uploaded Materials or that may be used to identify, contact, or locate you. The Company may collect Personal Information when you use the Properties including, without limitation, when you set up your account, upload or download Materials, correspond or otherwise communicate with the Company through the Internet, or otherwise volunteer information about yourself.“Non-Personal Information.”
   Non-Personal Information refers to information that, by itself, does not identify you or could not be used to identify you as a specific individual (e.g., demographic information, website visitations, or other actions you may take). The Company may collect Non-Personal Information through any of the methods discussed above as well as automatically through use of various technologies, some of which are described further below.
2. How the Company Collects Your Information
   Registration.
   Prior to your using one or more of the Properties, the Company may require certain Personal Information and Non-Personal Information to create an account (“Account”) or to enable features or functionality of the Properties. Failure to provide all information required by the Company may prevent access to any or all of the Properties, and failure to maintain accurate information may result in suspension or termination of access to any or all the Properties.Uploading and Downloading Materials.
   If you use the Services and you upload or post Materials to or download Materials from the Properties, the Materials may include meta-data or be transmitted with data, such as, without limitation, the type of device through which the Materials were created, the device’s IP address, the domain name of your Internet service provider and other such data. This data may necessarily be provided to and collected by the Company when Materials are uploaded, posted to or downloaded from the Properties.Information Collected Through Technology.
   While you are able to visit the Website and remain anonymous, the Company or its third party service providers may still collect Personal Information and Non-Personal Information about your use of the Properties (e.g., your Internet browser, operating system, IP address, connection speed, and the domain name of your Internet service provider). Such information may be gathered by the following methods:
   • Cookies.Cookies, including local shared objects, are small pieces of information that are stored by your browser on your computer’s or device’s hard drive which work by assigning to your computer or device a unique number that has no meaning outside of the Website. Cookies do not generally contain any Personal Information. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. Not accepting cookies may make certain features of the Properties unavailable to you, or not perform properly for you.
   • IP Address.You may visit areas of the Website anonymously without the need to register an Account. Even in such cases, the Company may collect IP addresses automatically. An IP address is a number that is automatically assigned to your computer or device whenever you begin services with an Internet service provider. Each time you access the Website and each time you request one of the Company’s pages, the server logs the IP address.
   • Web Beacons.Web beacons are small pieces of data that are embedded in web pages and e-mails. The Company may use these technical methods in HTML e-mails that the Company sends to you to determine whether you have opened those e-mails and/or clicked on links in those e-mails. The information from use of these technical methods may be collected in a form that is Personal Information.
   • Tracking Materials Usage.If you use the Services and you upload or post Materials to, or download Materials from, the Properties or to or from a third party website, the Company tracks and captures Personal and Non-Personal Information associated with registered Accounts and the use of Materials.
3. How the Company Uses Your Information
   System Administration.
   The Company may use Non-Personal Information for the purposes of system administration, assisting in diagnosing problems with the Company’s servers, monitoring the Company’s system performance and traffic on the Properties and to gather broad demographic information about the Company customers.
   Personalization.
   The Company may use Cookies and IP Addresses to track features such as delivering Materials specific to your interests and informing you of new, relevant services or certain third party offerings.
   Performance of Services of the Properties.
   If you have registered for an Account, the Company may use your Personal Information to make payments to you; to receive payments from you; to prepare tax information; to offer services to you; and to procure services from you and to communicate with you about these activities.
   Notices to Registered Users.
   If you have registered for an Account, the Company may use your Personal Information to send e-mails to you regarding your registration, including confirmation to verify the accuracy of any information you have provided, and instructions on how to post Materials, make a payment or receive a payment or refund. The Company may also send you e-mails to verify your identity or to notify you if the Company believes your use of Properties violates any applicable agreement for the use of the Properties.
   Advertising.
   The Company may use Non-Personal Information to assist in optimizing the delivery of advertisements to viewers of your Materials.
   Contact Information.
   If you contact the Company by any means, the Company may keep a record of your contact information and correspondence. If you report a problem with the Properties, the Company may collect this information in a file specific to you.
4. How to Access and Change Your Personal Information
   Upon request, the Company shall allow you to update or correct Personal Information previously submitted, but only to the extent such activities will not compromise privacy or security interests, as determined by the Company at its sole discretion. Additionally, upon request, the Company shall delete Personal Information from the database where such information is stored; however, it may be impossible to entirely delete your entry without some residual information being retained due to the manner in which data backups are maintained.
5. Disclosure of Information to Third Parties
   The Company does not sell, trade, or rent Personal Information collected through the Properties to any third party.
   Notwithstanding the foregoing, the Company may share your Personal Information for the following purposes and to the extent necessary in the Company’s good-faith discretion:
   • as reasonably necessary for the operation of the Properties;
   • as reasonably necessary to support service requirements, including any third party service provider integrations required for operation of the Properties;
   • to fully cooperate with law enforcement agencies;
   • as required upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation;
   • if the Company believes your actions violate any law, regulation, the Terms and Conditions or any functions of the Properties; and
   • in the event of insolvency, bankruptcy, merger, acquisition, sale, joint venture or other business combination involving the Company.
6. Safeguarding Your Personal Information
   Security Measures.
   The Company implements and maintains appropriate physical, administrative, technical, and organizational measures to protect the information we process against unauthorized or unlawful access, use or disclosure, and against accidental loss, damage, alteration or destruction. Under our security policies and practices, access to personal information is restricted and authorized only for those who have a business need for such access. The Company strives to protect the personal information that we process; however, no security program is 100% secure and we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use, or disclose personal information. We maintain security incident response policies and procedures to handle incidents involving unauthorized access to personal data we process.Third Party Links.
   The Properties may contain links to third parties who may collect Personal Information and Non-Personal Information directly from you. Additionally, the Company may use third parties to provide components of the Properties. In either case, such third parties may have separate privacy policies and data collection practices, independent of the Company. The Company:
   • has no responsibility or liability for these independent policies or actions;
   • is not responsible for the privacy practices or the Materials of such websites; and
   • does not make any warranties or representations about the information, content, materials, products or services offered on such websites or the security of any information you provide to them.
7. California Privacy Rights – California Consumer Privacy Act (CCPA).
   The CCPA provides California residents with specific rights regarding their personal information. Each right includes the ability to make a specific consumer request and corresponding obligation of the receiving party to (i) verify the identity of the requestor and (ii) respond in accordance with CCPA guidelines. This section describes your CCPA rights and explains how to exercise those rights.Right to Request Information Regarding Personal Information Use/Disclosure and Portability.
   You have the right to request a summary of the collection, use, and disclosure of your personal information over the past 12 months. In response to a verifiable request for these services, we will disclose the following information for the Properties:
   • The categories, specific types, and sources of personal information we collected about you.
   • Our business purpose for collecting the personal information.
   • The categories of third parties with whom we share that personal information and the purpose for the disclosure.

   You also have the right to request a copy of this personal information in a readily useable format that is transferable to other entities (frequently referred to as “data portability”). If you make a data portability request, the Company may be (i) restricted from providing certain sensitive personal information in response to the request or (ii) prohibited from granting the request entirely if it presents an unreasonable security risk.

   Right to Request Deletion of Personal Information.
   You have the right to request that the Company delete any of your personal information that we collected and retained, subject to certain exceptions. Once we receive and confirm your verifiable request, we will delete or de-identify (and direct our service providers to delete or de-identify) your personal information from our records, unless one of the following exceptions applies:
   We may deny your deletion request if retaining the information is necessary for the Company or our service providers to:

   • Complete the transaction for which we collected the personal information, provide the Properties that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
   • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
   • Debug Properties to identify and repair errors that impair existing intended functionality;
   • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
   • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
   • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
   • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
   • Comply with a legal obligation; or
   • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

   
   Submitting CCPA Requests – Exercising Access, Data Portability, and Deletion Rights.
   To exercise the access, data portability, and deletion rights described above, please submit a verifiable request to us by either:

   • Calling us toll-free at: , OR
   • Sending an email to Investors@apracapital.com

   Only you (or someone legally authorized to act on your behalf) may make a verifiable request related to your personal information. You may only make a verifiable request for access or data portability twice within a 12-month period. The verifiable request must:

   • Provide sufficient information that allows us to confirm your identity as the person about whom we collected personal information (and, if applicable, the authority and identity of an authorized representative).
   • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

   Please note, we cannot respond to your request or provide you with personal information if we cannot (i) verify your identity or authority to make the request and (ii) confirm the personal information relates to you. We will only use personal information provided in a verifiable request to verify the requestor’s identity or authority to make the request.

   CCPA Request Responses and Timelines
   We endeavor to respond to a verifiable request within forty-five (45) days of its receipt. If we require additional time beyond the 45 days, we are entitled to an extension up to an additional 45 days (for a total response timeline capped at 90 days). In the event that an extension is necessary, we will inform you of the reason and extension period in writing.

   If you have an account with us, we will deliver our written response to that account where possible. If you do not have an account with us, or your existing account lacks a communication feature, we will deliver our written response to your designated email address.

   Any disclosures we provide will only cover the 12-month period preceding the verifiable request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

   We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

   Personal Information Sales – Opt Out Rights
   The Company does not sell personal information collected through the Properties, and no such activity has occurred in the prior 12 months. In the event that the Company changes its practices and engages in the sale of information, we will provide advance notification to impacted individuals and offer the ability to opt in/opt out in accordance with CCPA requirements.

   Non-Discrimination
   We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

   • Deny you goods or services.
   • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
   • Provide you a different level or quality of goods or services.
   • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
8. Additional California Privacy Rights
   Shine the Light Requests
   California’s “Shine the Light” law (Civil Code Section § 1798.83) permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to address listed in Section 11.California Online Privacy Protection Act (“CalOPPA”)
   The Company does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may have features that allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.
9. Changes to the Company’s Privacy Policy
   The Company reserves the right to amend this privacy statement at our sole discretion at any time. When we make changes to this privacy statement, we will post the updated content to this website along with the effective date of the change. Your continued use of Company Properties following the posting of changes constitutes your acceptance of such changes.
10. Special Note Regarding Minors
    Use of the Properties is not intended for minors under the age of 18 (“Minors”). Minors are not authorized by the Company to use the Properties, even if Minors set up an Account or accept the terms of any agreement or policy herein for the Properties.
11. Contacting the Company
    If you have any questions about this Privacy Policy you may contact us by mail at the following address:
    
    Robert Alexander
    Investors@apracapital.com