Privacy Policy

Each of X-Caliber Corp., X-Caliber Funding LLC, CastleGreen Finance, LLC, CastleGreen Services, X-Caliber Rural Capital LLC, and X-Caliber Investment Management (collectively, “we” or “us”) has adopted this policy with recognition that protecting the privacy and security of the nonpublic personal information we obtain about our clients is an important responsibility. We also know that you expect us to provide service in an accurate and efficient manner. To do so, we collect and maintain certain nonpublic personal information about you and/or your business. We want you to know what information we collect and how we use and safeguard that information.

WHAT INFORMATION WE COLLECT

We collect certain nonpublic personal information about you or your business (such as your name, address, social security number, EIN, or other financial information, etc.) that you provide on various applications, engagement letters, term sheets or other forms as well as communications (electronic, telephonic, written or in-person). We also collect information about your accounts with us in order to manage your accounts, and on sponsors and guarantors regarding certain business and financial information during the investment/loan origination and portfolio management due diligence and monitoring processes, including the provision of comprehensive background checks, as applicable.

We collect certain nonpublic information through platforms, that for the purpose of this policy are called “Platforms,” including, but not limited to, our corporate websites, social media pages, electronic emails, apps, advertising, newsletters, whitepapers, and offline business interactions.
We do not sell any nonpublic personal information we collect regarding sponsors, clients, investors, or other parties to anyone. We regularly (and have within the past twelve months) disclose such information to third parties only (1) in furtherance of our business relationships with clients, and then only to those persons necessary to effect the transactions and provide the Platforms that clients authorize (such as, but not limited to, broker-dealers, administrators, trustees, custodians, independent managers, attorneys, accountants, various governmental authorities, etc.); (2) to persons assessing our compliance with industry standards (for example, professional licensing authorities); (3) our attorneys, accountants, and auditors; or (4) as otherwise required by law.

We are permitted by law to disclose the nonpublic information about you to governmental agencies and other third parties in certain circumstances (such as third parties that perform administrative Platforms on our behalf). These third parties are prohibited to use or share the information for any other purposes. If you decide to either terminate our Platforms or become an inactive client, we will continue to adhere to our Privacy Policy, as may be amended from time to time.

“Personal Information” as used herein is information that identifies you as an individual or relates to an identifiable individual. The “Platforms” collect Personal Information, including:

Personal details (e.g., name, occupation, date of birth, social security number);
Contact details (e.g., address, email address, position in company, company, landline
and mobile numbers);
IP address (we may also derive your approximate location from your IP address);
Wire transfer instructions or bank account information;
Other information about you which you may have provided to us during the course of
our relationship with you, e.g., by filling out Website forms or commenting on social
media pages (e.g., social media username); and
Sales and marketing information (information you have received from us and how you
reacted to them).

Collection of Personal Information

We collect Personal Information in a variety of ways, including:

Through the Platforms, for example, when you sign up for a newsletter, register an account to access the Platforms, visit our offices, or attend one of our events;
We receive your Personal Information from other sources, for example, publicly available databases.

We need to collect Personal Information in order to provide the requested Platforms to you. If you do not provide the information requested, we may not be able to provide the Platforms. If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Platforms, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.)

Use of Personal Information

We and our service providers use Personal Information for the following purposes:

Providing the functionality of the Platforms and fulfilling your requests, such as arranging access to your registered account, and providing you with related benefits, or customer service;
To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments or complaints via the Platforms;
To send administrative information to you, such as changes to our terms, conditions, and policies;
To allow you to send messages to another person through the Platforms if you choose to do so;
To manage our contractual relationship with you and/or to comply with a legal obligation;
Providing you with our newsletter and/or other marketing materials and facilitating social sharing;
To send you marketing-related emails, with information about our Platforms, and other news about our company;
To facilitate social sharing functionality that you choose to use;
Analyzing Personal Information for business reporting and providing personalized
Platforms;
To analyze or predict our users’ preferences in order to prepare aggregated trend
reports on how our digital content is used, in order that we can improve our Platforms;
To better understand your interests and preferences, so that we can personalize our
interactions with you and provide you with information and/or offers tailored to your
interests;
For audits, to verify that our internal processes function as intended and to address
legal, regulatory, or contractual requirements;
For risk management, fraud prevention and fraud security monitoring purposes, for
example, to detect and prevent cyberattacks or attempts to commit identity theft;
For detecting and preventing misuse of the Platforms;
For developing new products and services;
For enhancing, improving, repairing, maintaining, or modifying our current products and
Platforms, as well as undertaking quality and safety assurance measures;
For identifying usage trends, for example, understanding which parts of our Platforms
are of most interest to users;
For determining the effectiveness of our promotional campaigns, in order that we can
adapt our campaigns to the needs and interests of our users;
For operating and expanding our business activities, for example, understanding which
parts of our Platforms are of most interest to our users in order that we can focus our
energies on meeting our users’ interests;
For data analysis, for example, to improve the efficiency of our Platforms; and
To better understand your preferences so that we can deliver content via our Platforms
that we believe will be relevant and interesting to you.

We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or based on our legitimate interests. We will provide personalized Platforms based on our legitimate interests, and with your consent to the extent required by applicable law.

Aggregating and/or Anonymizing Personal Information:

We may aggregate and/or anonymize Personal Information in order that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose, since it no longer identifies you or any other individual.

Disclosure of Personal Information

We disclose Personal Information:

To our affiliates for the purposes described in this Privacy Policy (you can consult the list and location of our affiliates here https://x-calibercap.com/our-companies/);
To our third-party service providers, to facilitate Platforms they provide to us.These can include providers of Platforms such as website hosting, data analysis, auditor, monitoring and, legal service providers, compliance service providers, administrators, third-party training providers, credit agencies, payment processing, fraud prevention, information technology and related infrastructure provision, benefits providers, collaboration tool, email delivery, background check provider, building security, and other Platforms. To third parties, to permit them to send you marketing communications, consistent with your choices.

Other Uses and Disclosures

We also use and disclose your Personal Information as necessary or appropriate, in particular, when we have a legal obligation or legitimate interest to do so:

To comply with applicable laws and regulations:
- This may include laws outside your country of residence.
To cooperate with public and government authorities:
- To respond to a request or to provide information we believe is necessary or
  appropriate.
- These can include authorities outside your country of residence.
To cooperate with law enforcement:
- For example, when we respond to law enforcement requests and orders or
  provide information we believe is important.
For other legal reasons:
- To enforce our terms and conditions.
- To protect our rights, privacy, safety or property, and/or that of our affiliates,
  you or other.
In connection with a sale or business transaction:
- We have a legitimate interest in disclosing or transferring your Personal
  Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

OTHER INFORMATION

“Other Information” is any information that does not reveal your specific identity or does not
directly relate to an identifiable individual. The Platforms collect Other Information such as:

Browser and device information;
Information collected through cookies, pixel tags and other technologies;
Demographic information and other information provided by you that does not reveal
your specific identity; and
Information that has been aggregated in a manner such that it no longer reveals your
specific identity.

Collection of Other Information

We and our service providers may collect Other Information in a variety of ways, including:

Your browser or device.
- Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Platforms (such as the App) you are using. We use this information to ensure that the Platforms function properly.
Cookies
- Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, times visited, language preferences, and other traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. We also gather statistical information about use of the Platforms in order to continually improve their design and functionality, understand how they are used, and assist us with resolving questions regarding them. We do not currently respond to browser do-not-track signals. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Platforms. We may also use cookies or other technologies in online advertising to track responses to our ads. If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html (http://www.allaboutcookies.org/manage-cookies/index.html). If, however, you do not accept cookies, you may experience some inconvenience in your use of the Platforms. You also may not receive advertising or other offers from us that are relevant to your interests and needs.
Pixel tags and other similar technologies.
- Pixel tags. Pixel tags (also known as web beacons and clear GIFs) may be used to,
  among other things, track the actions of users of the Platforms (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Platforms and response rates.
- Analytics. We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Platforms and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to google.com/policies/privacy/ partners/ (http://www.google.com/policies/privacy/partners/), and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add- on, available at https://tools.google.com/dlpage/gaoptout (https://tools.google.com/dlpage/gaoptout).
Adobe Flash technology (including Flash Local Shared Objects (“Flash LSOs”)) and other similar technologies.
- We may use Flash LSOs and other technologies to, among other things, collect and store information about your use of the Platforms. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel (http://www.macromedia.com/support/documentation/en/flashplayer/help/set tings_manager07.html). You can also go to the Global Storage Settings Panel (http://www.macromedia.com/support/documentation/en/flashplayer/help/set tings_manager03.html) and follow the instructions (which may explain, for example, how to delete existing Flash LSOs (referred to as “information”), how to prevent Flash LSOs from being placed on your computer without your being asked, and how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications.

Uses and Disclosures of Other Information

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Policy. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

SECURITY OF YOUR INFORMATION

We restrict access to your nonpublic personal information to those employees who need to know that information to service your account. We maintain physical, electronic, and procedural safeguards that comply with applicable state or federal standards to protect your nonpublic personal information.

CHANGES TO OUR PRIVACY POLICY OR RELATIONSHIP TO YOU

Our policy about obtaining and disclosing information may change from time to time. You may request our most current Privacy Policy at any time.

OPTING OUT/RIGHT TO REQUEST DELETION OF INFORMATION

Sponsors, clients, and investors cannot opt-out of allowing us to share their nonpublic personal information with affiliated or unaffiliated third parties that are necessary to service their accounts or conduct investment due diligence, or ensure compliance with all applicable laws, rules or regulations. Although we do not share your information for marketing purposes, or sell your information, if you would like to opt-out of any disclosure of your information to non- essential third parties (except for regulatory purposes), please contact your relationship manager. In order to comply with various applicable laws, rules or regulations, we may be prohibited from deleting business records for minimum periods of time. If you would like to submit a request to know or to delete information containing your nonpublic personal information (after the expiration of all applicable retention periods), please contact your relationship manager or email us at dataprivacy@x-calibercap.com

RETENTION PERIOD

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.

The criteria used to determine our retention periods include:

The length of time we have an ongoing relationship with you and provide the Platforms to you (for example, for as long as you have an account with us or keep using the Platforms);
Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

THIRD-PARTY PLATFORMS

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which the Platforms link. The inclusion of a link on the Platforms does not imply endorsement of the linked site or service by us or by our affiliates.

In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the apps or our social media pages.

THIRD-PARTY ADVERTISING

We use third-party advertising companies to provide advertisements regarding Platforms that may be of interest to you when you access and use the Platforms and other websites or online Platforms.

You may receive advertisements based on information relating to your access to and use of the Platforms and other websites or online Platforms on any of your devices, as well as on information received from third parties. These companies place or recognize a unique cookie on your browser (including through the use of pixel tags). They also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop.

USE OF PLATFORMS BY MINORS

The Platforms are not directed to individuals under the age of sixteen (16), and we do not knowingly collect Personal Information from individuals under 16.

Jurisdiction and CROSS-BORDER TRANSFER

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Platforms you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.

SENSITIVE INFORMATION

Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Platforms or otherwise to us.

UPDATES TO THIS PRIVACY POLICY

The “Last Updated” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised March 2022. Any changes will become effective when we post the revised Privacy Policy on the Platforms.

CONTACTING US

If you need to reach us, please email us at moreinfo@x-calibercap.com

ADDITIONAL INFORMATION REGARDING CALIFORNIA

Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), we are providing the following additional details regarding the categories of Personal Information that we collect, use, and disclose about California residents.

Collection, Disclosure of Personal Information

The following chart includes: (1) the categories of Personal Information, as listed in the CCPA, that we plan to collect and have collected and disclosed within the preceding 12 months; and (2) the categories of third parties to which we disclosed Personal Information for our operational business purposes within the preceding 12 months.

Categories of Personal Information

Identifiers, such as name, contact information, IP address that can reasonably be linked or
associated with a particular consumer or household, and online identifiers

Personal information as defined in the California customer records law, such as name, signature, address, and telephone number

Internet or network activity information, such as browsing history, search history and interactions with our online properties or ads

Employment Information. Professional or employment-related information, such as work history and prior employer

Under the CCPA, if a business sells Personal Information, it must allow California residents to opt-out of the sale of their Personal Information. However, we do not “sell” and have not “sold” Personal Information for purposes of the CCPA in the last 12 months.

Sources of Personal Information

As described above, we collect this Personal Information from you and from publicly available databases and joint marketing partners, when they share the information with us.

Use of Personal Information

CCPA Rights and Requests https://www.termsfeed.com/blog/sample-california-privacy- policy-template/

Requests to Know and Delete

If you are a California resident, you may make the following requests:

“Request to Know

You may request that we disclose to you the following information covering the 12 months preceding your request:

The categories of Personal Information we collected about you and the categories of sources from which we collected such

Personal Information
The specific pieces of Personal Information we collected about you
The business or commercial purpose for collecting (if applicable) Personal Information
about you; and
The categories of Personal Information about you that we otherwise shared or
disclosed, and the categories of third parties with whom we shared or to whom we disclosed such Personal Information (if applicable)

You may request that we delete Personal Information we collected from you.

To make a Request to Know or a Request to Delete, please contact XYZ or in accordance with the “Contacting Us” section above. We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. We may need to request additional Personal Information from you, such as provide a few examples of the types of Personal Information you may request in order to verify a request, in order to verify your identity and protect against fraudulent requests. You may make a request on behalf of a child who is under 13 years old if you are the child’s parent or legal guardian. If you make a Request to Delete, we may ask you to confirm your request before we delete your Personal Information.

If you want to make a Request to Know or a Request to Delete as an authorized agent on behalf of a California resident, you may use the submission methods noted above. As part of our verification process, we may request that you provide, as applicable, proof concerning your status as an authorized agent, which also may include:

Proof of your registration with the California Secretary of State to conduct business in California
Proof of a power of attorney from the resident pursuant to Probate Code sections 4121- 4130.

If you are an authorized agent and have not provided us with a power of attorney from the resident pursuant to Probate Code sections 4121-4130, we may also require the resident to:

Verify the resident’s own identity directly with us; or
Directly confirm with us that the resident provided you permission to make the request.

Right to Non-Discrimination

You have the right to be free from unlawful discriminatory treatment for exercising your rights under the CCPA.

Do Not Track Signals

We do not currently respond to browser do-not-track signals.