CrowdStreet Capital Disclosure
IMPORTANT DISCLOSURES AND DISCLAIMERS
You are viewing the website for CrowdStreet Capital LLC (“CrowdStreet Capital”). CrowdStreet Capital LLC is a wholly owned subsidiary of CrowdStreet, Inc., a Delaware corporation established in 2013 (“CrowdStreet”). CrowdStreet maintains a commercial real estate investor technology platform through which companies that develop and own commercial real estate, known as the “sponsors” of investment opportunities (the “Sponsor(s)”), offer investment opportunities to qualified investors. CrowdStreet also provides technology and services to developers, owners, and managers of commercial real estate assets.
Investment opportunities posted on the site can be accessed by investors via two means:
- Direct investing via an online marketplace (the “CrowdStreet Marketplace” or the “Marketplace”); or
- Opening a Private Managed Account with CrowdStreet’s investment advisor affiliate CrowdStreet Capital.
With the exception of CrowdStreet Capital, no affiliate of CrowdStreet, Inc., including without limitation investment opportunities offered on the Marketplace, provides investment advice. CrowdStreet Capital provides investment advice under a valid Advisory Services Agreement between the investor and CrowdStreet Capital. Any representation or implication to the contrary is expressly disclaimed. You should consult your own legal, accounting, investment, and tax experts before using any services provided by this website, the Marketplace, or CrowdStreet Capital, or any other affiliate of CrowdStreet.
CrowdStreet does not endorse any of the opportunities that appear on the Marketplace or in the general information available to the public on this website, nor does the Marketplace make any recommendations regarding the appropriateness of particular opportunities for any Investor. Use of the Marketplace does not constitute an offer by CrowdStreet to sell, solicit, or make an offer to buy any securities investment interest, and with the exception of CrowdStreet Capital clients, CrowdStreet does not give or offer any business advice, investment advice, tax advice, or legal advice to anyone using the Marketplace or in the general information available to the public on this website. CrowdStreet, Inc. is not a registered broker-dealer, investment advisor, or crowdfunding portal, and through its publicly available webpages and the Marketplace it does not engage in any conduct requiring such registrations. A complete list of CrowdStreet Marketplace opportunities presented in the past 12+ months, along with available performance projections on those opportunities, if any, is available here: https://app.crowdstreet.com/properties/
CrowdStreet Capital LLC is a Delaware limited liability company, has been in business since 2018, and has an application pending as a Registered Investment Advisor with the State of Oregon, pursuant to the Investment Advisers Act of 1940 and Oregon securities regulations. General information available to the public on the CrowdStreet website or the Marketplace with its related offerings should NOT be confused with or attributed to CrowdStreet Capital. Information on CrowdStreet Capital’s products and services can be viewed here: www.crowdstreet.com/managed-accounts. You can review CrowdStreet Capital’s Form ADV filing with FINRA here.
With an application pending as an Oregon Registered Investment Advisor, CrowdStreet Capital is subject to certain Oregon and federal regulations concerning advertising and promotion of its products and services. Nothing posted or shown on the CrowdStreet Marketplace webpages, or the CrowdStreet.com website, should in any way be construed to represent an indication of or imply future performance on any product or service of CrowdStreet Capital. No testimonial or reference to CrowdStreet, the CrowdStreet Marketplace, or any technology or support services for Sponsors offered by CrowdStreet, by any third party or any non- affiliate of CrowdStreet should in any way be construed to represent an endorsement of CrowdStreet Capital or its products or services.
Generally all prospective investors must certify that they are Accredited Investors, as defined by Rule 501 of Regulation D in the Securities Act of 1933, as amended, or Qualified Purchasers, as defined by the Investment Company Act of 1940, as amended. In each case, all prospective investors certifying that they are either an Accredited Investor or a Qualified Purchaser must provide either supporting documents or third-party verification of such status, certify they are eligible for this type of illiquid investment, and must acknowledge that they have received and read all investment materials. YOU MUST BE AN ACCREDITED INVESTOR OR QUALIFIED PURCHASER TO INVEST IN ANY OFFERING POSTED ON THE MARKETPLACE OR OFFERED BY CROWDSTREET CAPITAL. WE ARE ENTITLED TO AND WILL RELY UPON YOUR REPRESENTATIONS. You agree that, should any material changes occur that might affect your status as an Accredited Investor or Qualified Purchaser, you shall immediately provide us with such information in writing. Non-Accredited Investors may invest only in offerings offered under Regulation A+ of the Securities Act of 1933.
If you choose to invest in any of the investments made available via the CrowdStreet Marketplace or by CrowdStreet Capital, you will enter into various agreements regarding the investments (the “Investment Documents”) between you and the CrowdStreet entity or Sponsor offering such investments. In all events, the commercial transactions which are the subject of the Investment Documents are governed by such Investment Documents and not these terms, and in the event of any conflict between the terms of the Investment Documents and these terms, the Investment Documents will control. We reserve the right to reject, cancel, interrupt, remove, or suspend any investment opportunity offered on the CrowdStreet Marketplace or by CrowdStreet Capital and are not liable for any damages as a result of any of these actions. Our policy is not to comment on the reasons for any of these actions, if taken.
Direct and indirect purchase of real property involves significant risks, including without limitation market risks, risk related to sale of land, and risks specific to a given property. The securities offerings posted on the website are speculative. Investments posted on any CrowdStreet webpages are NOT insured by the FDIC or by any other Federal Government Agency, are NOT bank deposits, are NOT guaranteed by CrowdStreet, and MAY lose value. Neither the information nor any opinion expressed on any CrowdStreet web pages, including without limitation the CrowdStreet Marketplace, shall be construed as an offer to buy, or the solicitation of an offer to sell, any securities. Investments can and do lose money and you should be prepared to lose your entire investment in any investment made available on the CrowdStreet Marketplace or by CrowdStreet Capital. Neither the SEC nor any federal or state securities commission or regulatory authority has recommended or approved any investment or reviewed the accuracy or completeness of any of the information or materials posted on the website. Neither CrowdStreet nor any of its directors, officers, employees, representatives, affiliates, or agents shall have any liability whatsoever arising from any error or incompleteness of fact or opinion in, or lack of care in the preparation or publication of, the materials and communication herein or that the valuation of any securities offering is appropriate. Prior performance and/or results are not indicative of future performance and “forward-looking statements” may be published on the website; actual results may vary materially. All investors using the CrowdStreet Marketplace or investing in CrowdStreet Capital investment funds must make their own determination of whether or not to make any investment, based on their own independent evaluation of the investment and their risk tolerance. The investment opportunities mentioned on the CrowdStreet Marketplace or offered by CrowdStreet Capital may often have tax consequences; therefore, it is important to bear in mind that we do not provide tax advice. The levels and bases of taxation can change. Investors’ tax affairs are their own responsibility and investors should consult their own attorneys or other tax advisors in order to understand the tax consequences of any investments mentioned on the CrowdStreet Marketplace or offered by CrowdStreet Capital.
Distributions will vary and will depend upon rent, vacancies, property sales, and the terms of the relevant Investment Documents. Fluctuations in the value of the asset are to be expected. Additional risks exist due to leverage, property operations, and environmental liabilities. There is a potential for loss of part or ALL of your investment capital, and all investments require high risk tolerance, low liquidity need, and long-term commitments by the investor. Any financial projections or returns shown on any CrowdStreet webpages are illustrative examples only, and there can be no assurance that any valuations provided are accurate or in agreement with market or industry valuations. Offers to sell, or the solicitations of offers to buy, any security can only be made through the relevant Investment Documents that contain important information about risks, fees, and expenses.
Updated August 20, 2018
Your Privacy is Important to Us
By accessing the Services, registering as a user, using our Service or by otherwise submitting your personal information to us, you give your consent to the collection and use of personal information as explained in this policy. The term “personal information” refers to non-public information that personally relates to or identifies you (such as your name, password, age, gender, email address, postal mailing address, zip code, home/mobile telephone number, Social Security number and/or taxpayer identification number, investment objectives, investment experience, assets and income, and other similar information). Non-personally identifiable information collected on the Website may include, without limitation, website pages viewed, sites visited before visiting the Site, frequency of visits, clickstream data, browser type, operating system, organization name, articles, internet connection speed, presentations viewed, time spent viewing pages of our website or using certain features of our website, demographic data such as server locations, clickstream data, location services, server location, cookies existing on your computer, search criteria used and results, date and time of access or visits to our website, frequency of visits to our website, connection speed, and other information which does not specifically identify you.
Our Pledge to You
We are required by law and regulatory bodies to ask for certain information in order to provide our Services to you. CrowdStreet Capital makes commercially reasonable best efforts to maintain the confidentiality, integrity and security of our clients’ personal information. Keeping client information secure, and using it only as our Users want us to, are matters of principle for all of us at CrowdStreet Capital.
With this in mind, our commitment to every User is as follows:
- Except as you may otherwise expressly approve, we will limit the collection and use of client and user information to what we believe would be useful to service your accounts, administer our business, or to tell you about our Services;
- We will restrict employee access to client and user information to those who need to know in order to provide Services to you;
- We will educate our employees according to our internal policies to reinforce the importance of confidentiality and client and user privacy;
- We will maintain commercially reasonable and customary security standards and procedures to protect information about you;
- We will respond quickly to your request to correct inaccurate information.
How and Why We Gather Information
How Information Helps Both You and Us
CrowdStreet Capital’s mission is to provide you with exceptional investment opportunities to match your individual investment goals. Information about you and your accounts plays a key role in our ability to succeed in this mission. It also helps us service your accounts and administer our business. For example, we use information about you to:
- Provide you with the Services available through the Website;
- Establish and set up your account, issue an account number, and maintain your transaction history;
- Respond more accurately and efficiently to your requests;
- Identify opportunities to give you more convenience and control by developing new services that may benefit you;
- Verify your identity and contact information to help protect you and CrowdStreet Capital from fraud; and
- Comply with certain legal and regulatory requirements.
We generally use the information that you provide or that we collect to establish and enhance our relationship with you, and to operate, maintain, enhance, and provide the Services and the Website. We may use such information to periodically provide you with information, newsletters or offers about features and services available through the Services that may be of interest to you. We may also send information or offers to groups of Users on behalf of other Users or third parties. However, you will have the option to opt out of receiving such information. We use aggregated information provided by or collected from our Users to understand and analyze the usage trends and preferences of our Users, to improve the way the Services and the Website work and look, and to create new features and functionality. We may use aggregated information about our Users’ investments to generate statistics and maps that we deem helpful in the provision of the Services or any part thereof. We do not and will not sell analytics about our users without written consent from the user. As you browse CrowdStreet Capital’s and other websites, online ad networks we work with may place anonymous cookies on your computer, and use similar technologies, in order to understand your interests based on your (anonymous) online activities, and thus to tailor more relevant ads to you. If you do not wish to receive such tailored advertising, email email@example.com to opt out of most companies that engage in such advertising. (This will not prevent you from seeing ads; the ads simply will not be delivered through these targeting methods.)
Sharing Your Information with Others
We may allow you to share certain information with other Users of the Services, however you will not be able to share information about your portfolio holdings or the contents of your Investment Policy Statement. Otherwise, you can share your Profile with all other Users, or only with such other Users as are designated by you. You are not required to share your Profile or any other information with other Users. If you do share your Profile, anyone you designate will be able to see what companies you are following and investing in. If you indicate an interest in making an investment through the Services, such as indicating an interest to buy equity or make a loan in a particular private real estate company, we will notify the party or parties offering the investment (the “Issuer”) of your interest and may notify other Users with whom you have chosen to share information. By indicating an interest in an investment and/or sharing your Profile with other Users, you consent to this disclosure of your information. We may also collect and store information, which could include Non-Personally Identifiable Information or Personally Identifiable Information, locally on your computer or device using mechanisms such as browser web storage or application data caches.
Social Media Features
How and Why CrowdStreet Capital Discloses Your Information to Third Parties
Keeping Information Safe
We limit access to your personal information to those employees who have a legitimate business need to access such information to provide you with the Services. In keeping with industry standards and practices, we maintain commercially reasonable physical, electronic and procedural safeguards and controls to protect your information. The Website is built upon a secure infrastructure with multiple layers of protection and we use industry standard encryption technologies to safeguard your information. Users are required to identify and authenticate themselves prior to accessing restricted portions of the Services. Generally, identification and authentication take place through the use of your user name and a password. You are responsible for keeping your password confidential. We have security standards and procedures in place designed to prevent unauthorized access to your accounts and personal information. A key part of this process helps ensure that all information we have about you is accurate and up-to-date. If you ever discover inaccuracies in our data or if your personal information changes, notify us at firstname.lastname@example.org immediately. The transmission of information via the Internet is not completely secure, and for this reason we cannot guarantee the security of information sent to us electronically. If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may also post a notice on or through the Website and the Services in the event of a security breach. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
We may at times send you e-mail communications with marketing or promotional materials. If you prefer not to receive such marketing or promotional e-mails from us, you may unsubscribe completely by emailing us at: email@example.com. Please note that opt-out requests may take up to twenty-four (24) hours to process. Please also note that at times we may need to send you e-mail communications that are transactional in nature such as service or termination announcements or payment confirmations which are communications you will not be able to opt-out of. You will be able to modify the information concerning your account by visiting your profile page and editing any information you wish to change. You will be able to change your e-mail address, password, contact information, or other login information by visiting your account’s settings page subject to our website policy. If you wish to delete your account or need help modifying account information, please contact us at firstname.lastname@example.org. We will require up to twenty-four hours (24) to process such requests. Through your account settings you will be able to set certain preferences and permissions regarding the visibility of your information, including Non-Personally Identifiable Information or Personally Identifiable Information, to others. You may stop or restrict the placement of CrowdStreet Capital’s cookies, Google’s cookies and third party cookies on your computer by adjusting your web browser preferences or a “Do Not Track” setting in your web browser. If you do so, you may still use our website, but this may interfere with some of its functionality. You may also clear cookies from your computer via your web browser settings. You may also wish to use a Google Analytics opt-out web browser add-on.
Information on this option is available at:
http://support.google.com/analytics/bin/answer.py?hl=en&answer=2700409 If you would like us to remove your Personally Identifiable Information from our database, please send a request to: email@example.com. We are not responsible for removing your Personally Identifiable Information from the lists of any Third Party Services or other third party who has previously been provided your information in accordance with this notice.
Reviewing, Changing or Correcting Information
Our Commitment to Children’s Privacy
CrowdStreet Capital does not knowingly collect personal information on or through the Services from persons under 13 years-of-age without their legal guardian’s consent. If CrowdStreet Capital learns that personal information has been collected from persons under 13 years-of-age through the Services without their legal guardian’s consent, then CrowdStreet Capital will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has a registered account with the Services or CrowdStreet Capital has received any personally identifiable information of that child without your consent, you may alert CrowdStreet Capital by contacting us at firstname.lastname@example.org.
The CrowdStreet Capital website is not intended for use by children, especially those under eighteen (18) years of age. No one under eighteen (18) years of age is allowed to use the website, provide any personal information or receive our email distributions. We do not knowingly solicit or collect Personally Identifiable Information from children under the age of thirteen (13) or anyone under eighteen years of age. If you believe that a minor has disclosed Personally Identifiable Information to CrowdStreet Capital, please report this to us immediately by emailing us at: email@example.com.
Applicable Law and Jurisdiction
The Website is maintained in the United States of America. By accessing the CrowdStreet Capital website, you consent to and authorize the export of Personally Identifiable Information to the United States of America and its storage and use as specified in this Privacy Notice. This Privacy Notice shall be governed by, construed and entered in accordance with the laws of the State of Oregon applicable to contracts deemed to be made within such state, without regard to choice of law or conflict of law provisions thereof. All disputes with respect to this Privacy Notice shall be brought and heard either in the Oregon State Courts located in Portland, Oregon, or the federal district court for Portland, Oregon. You consent to the in personam jurisdiction and venue of such courts. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.
CrowdStreet Capital does not currently accept client accounts from investors outside the United States. For citizens of the European Union, please contact firstname.lastname@example.org for requests and inquiries regarding the data retained and managed by this portal and your rights to be forgotten related to the General Data Protection Regulation (GDPR).
Welcome and thank you for your interest in the CrowdStreet Capital website and client portal (the “Website”), which is owned by CrowdStreet Capital LLC (“CrowdStreet Capital”) and operated under license from CrowdStreet, Inc. (“CrowdStreet”, “We”, “Our”, or “Us”). The Website is an intermediary technology platform that allows investors who are clients of CrowdStreet Capital to view information and reports related to their private managed accounts advised by CrowdStreet Capital.