DISCLAIMERS AND DISCLOSURES

FCD Invest  provides qualified investors with the opportunity to purchase investment-grade diamonds with the goal of increasing the value of the investor’s investment portfolio over time.

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DISCLOSURE

This disclosure is made by FCD Invest regarding the offering of diamonds as an investment. Neither FCD Invest nor any of its directors or advisors guarantee the performance of the investment or the value of diamonds which will be acquired by the investor. This Statement does not take into account the investment objectives nor financial needs of any person who might acquire diamonds as an asset. All investments involve different degrees of risk. You should be aware of your risk tolerance level and financial situations at all times. A person proposing to acquire diamonds as an asset should consider the risks of such an investment and seek advice from their accountant, attorney, or other professional advisor before acquiring diamonds as an investment. You are free at all times to accept or reject all investment recommendations made by FCD Invest, its directors, and advisors. All diamonds sold are subject to market risk, and any losses to the investor are attributed to market forces beyond the control or prediction of FCD Invest, its directors, and advisors.

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FCD INVEST PRIVACY POLICY

This is the privacy policy (“Privacy Policy”), effective as of October 1, 2020, for the website https://fcdinvest.diamonds (the “Site”). The Site is made available by FCD Invest (“FCD Invest,” “we,” “our,” or “us”), as owner of the Site. This Privacy Policy sets forth our policies regarding the collection, use, and disclosure of certain information relating to your use of the Site. Your use of the Site signifies your understanding and acceptance of the terms of this Privacy Policy.

 

IF YOU DO NOT CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION, PLEASE DO NOT USE THE SITE.

We recognize the importance of protecting your privacy, and our Privacy Policy is designed to assist you in understanding how we collect, use, disclose, and safeguard the information you provide to us, and to assist you in making informed decisions when using the Site. We will periodically reassess this Privacy Policy against new technologies, business practices, and our clients’ needs. We recommend that you check the Site from time to time to inform yourself of any changes in this Privacy Policy and any of our other policies. We will post any changes to this Privacy Policy and will undertake to notify you by means of a notice presented on our Site’s home page.

 

PRIVACY POLICY INCORPORATED IN TERMS OF USE

Your use of the Site is governed by the FCD Invest Terms of Use. The Terms of Use contain important provisions, including provisions disclaiming, limiting, and excluding the liability of FCD Invest in connection with your use of the Site and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding your use of the Site. Each of the provisions of the Terms of Use applies to any disputes that may arise in relation to this Privacy Policy and the collection, use, and disclosure of your personal information, and those provisions are of the same force and effect as if they had been reproduced directly in this policy.

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THE TYPES OF INFORMATION WE COLLECT

We may provide areas on the Site where you can submit information to us, and we also have features that automatically collect information from the users of our Site. References to “personal and account information” contained in this Privacy Policy means your name, user account for the Site (if any), mailing address, telephone number, email address, and any other information that personally identifies you or would enable us to contact you.

 

INFORMATION THAT YOU MANUALLY PROVIDE

We collect personal information that you affirmatively provide to us, such as when you send it to us or fill in web forms. It is your choice whether to send personal information to us. Some information must be provided in order to view or use certain services, features, programs, or activities; so, the decision not to provide information may limit or eliminate certain functions of the Site or your ability to use the Site. We may enable a function that permits you to comment on blog posts on the Site. If we do, your identity may appear in connection with your comment(s), and we assume no responsibility to take down, correct, or modify any comments you post.

 

INFORMATION FROM OTHER SOURCES

You may also separately share your information with other websites or entities, such as social media sites/platforms and entities that create professional marketing lists. These websites or entities may agree to share your information with us. Whether or not any third party actually shares your information with us and to what extent they do share your information with us will depend on their agreements with us and their respective privacy policies. FCD Invest is not responsible for and will assume no liability if a partner or other website or entity collects, uses, or shares any information about you in violation of its own privacy policy or applicable law.

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INFORMATION AUTOMATICALLY COLLECTED

Cookies. We use what are commonly called cookies when you use our Site. We may use these cookies to identify you as a valid user, to ensure that no one else can sign on simultaneously with your account from another computer, and to help us serve you better based on your registration preferences. Information automatically collected may include, but is not limited to: your computer’s or device’s IP (Internet Protocol) address, operating system and version, browser type, and information about your use of the Site (e.g. date and time of access, length of access, flow regularities, etc.). We may use this collected information for any lawful purpose, including, for example, using your IP address to help diagnose problems with our servers, to operate the Site, to help identify you, and to gather usage information. You may choose to decline cookies or other tracking mechanisms if your browser or system permits, but doing so may affect your ability to access or use certain features of the Site.

 

Performance tracking. We sometimes use cookies, as well as tracking technology, such as web beacons, within emails that we send to our clients/members or advertisements for our Site. Such information is non-personally identifying and collected on an aggregate level. We sometimes utilize third-party service providers to help us track the activity within our Site. These third parties may use temporary cookies and/or web beaconing technology to facilitate such tracking, but the data would not be tracked in a personally identifiable way. Third parties whose products or services are accessible through our Site may also use cookies, and we advise you to check their privacy policies for information about their cookies and other privacy practices.

 

USE OF INFORMATION

We use personal information to pursue our mission and operations, including the management of our Site and to engage in related activities. This may include, but is not limited to: storing information about you in connection with your profile so that we can recognize you when you access your account; providing you services you have requested; managing your account; providing customer support; presenting information to you about new programs, products, and services; disclosing personal information to service providers and others in order to deal with requests and questions from you, personalize or enhance transactions, verify, process, store, and investigate Site activity; enforcing or exercising any rights in our Terms of Use; and performing functions as otherwise described to you at the time of collection. This Privacy Policy is not a promise that your information will never be used except as described above; we reserve the right to use, disclose, retain, share, sell, and otherwise deal with all information collected via the Site internally or to third parties, for any lawful purpose or to prevent harm to us or others.

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WHEN AND WITH WHOM WE MAY SHARE YOUR INFORMATION

Vendors. We may share your personal information with companies acting as our authorized agents in providing our services (e.g. credit card processing, customer/support services) to you, all of which agree to use it only for such specified purposes. Each vendor must agree to implement and maintain reasonable security procedures and practices appropriate to the nature of your information in order to protect your personal information from unauthorized access, destruction, use, modification, or disclosure. Because we operate both in and outside the United States, we may transfer your information to countries or jurisdictions that do not provide the same level of data protection as the country in which you are based. If we make such a transfer, we will, or our vendors will, as applicable, provide for the proper safeguards required by applicable law to ensure that your information is protected.

 

Legally affiliated entities. In the event that FCD Invest is merged, or in the event of a transfer of our assets, Site, or operations, FCD Invest may disclose or transfer your personal information in connection with such transaction. In the event of such a transfer, FCD Invest will notify you via email or by posting a prominent notice on our Site for 30 days.

 

Legally compelled disclosure. We will also disclose your personal information when required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency’s request, or in special cases when we have reason to believe that disclosing your personal information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (whether intentionally or unintentionally) our rights or property.

 

Bankruptcy. You should also be aware that courts of equity, such as U.S. Bankruptcy Courts, may have the authority under certain circumstances to permit your personal information to be shared or transferred to third parties without your permission.

 

Consent to processing. By providing any personal information to us, you fully understand and unambiguously consent to the transfer of such personal information to, and the collection and processing of such personal information in, the United States and other countries or territories. Your personal information will be stored and processed on our computers in the United States. The laws on holding personal information in the United States may vary and be less stringent than laws of your state or country. We will use commercially reasonable efforts to hold and transmit your personal information in a safe, confidential, and secure environment. If you object to your personal information being transferred or used in this manner, please do not register with or use the Site.

 

RETENTION OF PERSONAL INFORMATION

We generally will retain information for as long as required, allowed, or as we believe it useful. If you cease using the Site, or your permission to use the Site is terminated, we may continue to use and disclose your personal information in accordance with this Privacy Policy as amended from time to time. We do not undertake retention obligations through this statement. We may dispose of information at our discretion without notice, subject to applicable law.

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THIRD-PARTY WEBSITES

Through the Site, you may access other websites that do not operate under this Privacy Policy. For example, if you click on a link referencing one of our business partners or a link provided by another user, you may be taken to a website that is not operated by us. Third-party websites collect information, including personal information, from you and, in some instances, may provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit. They are often located at the bottom of the web page at a link titled “Privacy.”

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SECURITY

FCD Invest endeavors to protect the security of your personal information and your choices for its intended use. We use SSL (Secure Socket Layer) technology to protect the transmission of sensitive personal information. We store your personal information on a secure server and use procedures designed to protect the personal information we collect from unauthorized access, destruction, use, modification, or disclosure.

 

Although we will take (and require our third-party providers to take) commercially reasonable security precautions regarding your personal information collected from and stored in connection with the Site, due to the open nature of the Internet, we cannot guarantee that any of your personal information stored on our servers, or transmitted to or from us or a user, will be free from unauthorized access, and we disclaim any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. By using the Site, you acknowledge that you understand and agree to assume these risks.

 

WITHDRAWING CONSENT

We may provide tools that enable you to modify or delete your user information or to withdraw your consent to certain data collection. Please be aware, however, that disclosures or copies already made may remain. If this is not acceptable, do not supply the personal information in the first place; for required information, this may mean you will not be able to participate in certain programs. If you have a non-variable legal right to withdraw your consent or particular information and exercise that right, we reserve the right to terminate your account and any contracts or obligations we might have to you, including but not limited to any benefits or services you receive from us, except that you will still be bound by any obligations incurred and consent provided before your withdrawal. These provisions relate to your use of the Site. Our clients and business partners enter separate contracts with us relating to those relationships.

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GOVERNING LAW; JURISDICTION; WAIVER OF JURY AND CLASS ACTION

The United Nations Convention on Contracts for the International Sale of Goods will not apply to this EULA. This EULA will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts sitting in San Francisco, California for any and all disputes, claims and actions arising from or in connection with the Software and this EULA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE HEREBY WAIVE THE RIGHT TO JURY TRAIL OF ANY DISPUTE ARISING OUT OF OR RELATED TO THIS EULA, AND YOU AND WE HEREBY AGREE TO LITIGATE ANY DISPUTES ON AN INDIVIDUAL, NON-REPRESENTATIVE (I.E. NOT CLASS ACTION) BASIS.

 

The Software and any documentation are “Commercial Items,” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All other rights are reserved.

 

ACCESS TO YOUR INFORMATION AND CONTACTING US

You may access and modify your information by logging into your Site account (if that function is available) or by contacting us at our Address for Legal Notices, which is:

 

FCD Invest

775 East Blithedale Ave., # 237
Mill Valley, CA 94941
United States
Attn: Legal Notices

We will make good faith efforts to resolve requests to correct inaccurate information except where the request is unreasonable, requires disproportionate technical effort or expense, jeopardizes the privacy of others, or would be impractical. If you have any questions about this statement of privacy practices or other matters that relate to it, you may contact us at our Address for Legal Notices.