NOTICE: This site is operated by Black Mountain Group, LLC ("BMG"). The publicly filed offering circular for Black Mountain Group may be obtained by visiting www.blackmgroup.com.
Black Mountain Group is not a registered broker-dealer. BMG does not give investment advice, endorsement, analysis or recommendations with respect to any securities. All securities on this site are being offered by, and all information included in this communication is the responsibility of, the applicable issuer of such securities. BMG has not taken steps to verify the adequacy, accuracy, or completeness of such information. Neither BMG nor any of its officers, directors, agents and employees makes any warranty, express or implied, of any kind related to the adequacy, accuracy or completeness of any such information on this site or the use of such information on this site. This website is only suitable, intended and available for residents of the US who are familiar with and willing to accept the risks associated with private investments and able to bear the loss of their entire investment. By accessing this site and any pages thereof, you agree to be bound by the Privacy Policy and Terms of Use.
Privacy Policy & Terms of Use
Last updated: January 28, 2020
PRIVACY POLICY
About this Policy
Investors
In connection with the formation and ongoing activities of an offering, we may also collect and maintain the following personal information about our investors:
Tenants
In connection with the leasing or licensing of space in our properties, we may also collect and maintain the following personal information about prospective and current tenants:
Vendors
Customers/Guests at our Properties
We may also collect and maintain the following personal information about our customers and guests at our properties:
Visitors/Guests Online
We may also collect and maintain the following personal information about visitors and guests on our online Services:
Purpose
We and our affiliates and nonaffiliated third parties collect and process such personal information in connection with the following:
Investors
We may also collect and process personal information of our investors in connection with:
Tenants
We may also collect and process personal information of our tenants in connection with:
Vendors
We may also collect and process personal information of our vendors in connection with:
Customers/Guests at our Properties
We may also collect and process personal information of customers and guests at our properties in connection with:
Visitors/Guests Online
We may also collect and process the personal information of visitors and guests on our online Services in connection with:
Tracking and analyzing your consumer behavior and location within our properties.
Sources of Information
We generally collect and maintain certain personal information from the following sources:
Investors
We may also collect and maintain personal information of our investors from the following sources:
Tenants
We may also collect and maintain personal information of our tenants from the following sources:
Vendors
We may also collect and maintain personal information of our vendors from the following sources:
Customers/Guests at our Properties
We may also collect and maintain personal information of customers and guests at our properties from the following sources:
Visitors/Guests Online
We may also collect and maintain personal information of visitors and guests of our online Services from the following sources:
Information Disclosed/Shared with Third Parties
In order to provide you with the applicable products and services or fulfill our contract with you, we may disclose such personal information to our affiliates and nonaffiliated third parties as permitted by law, including:
If one of the foregoing service providers needs to access Personal Information to perform services on our and your behalf, they are only authorized to collect, use, disclose, and store the Personal Information as described in our contract with them, including requirements to maintain reasonable security procedures.
We do not sell your personal information to third parties, and we do not rent, or share your personal information with third parties for such third parties’ direct marketing.
Please see below for information on additional third parties with which we may disclose your personal information in the context of your relationship with us.
Investors
We may also disclose the personal information of investors to:
Tenants
We may also disclose the personal information of tenants to:
Vendors
We may also disclose the personal information of vendors to:
Customers/Guests at our Properties
We may also disclose personal information of customers and guests at our properties to:
Visitors/Guests Online
We may also disclose personal information of visitors and guests of our online Services to:
How to Access and Control your Information
We may send you marketing materials in which we believe you may have interest, and will comply with your request to stop sending any such further communications. You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link in such email communications.
Where appropriate and where applicable by law, we shall provide you with the individual rights with respect to your personal information. See the “Jurisdiction Specific Information” sections for California Residents and EEA Residents below for more information on your rights in these jurisdictions. You can exercise your rights with respect to your personal information by contacting privacy@blackmgroup.com, or calling 1-833-577-7500.
We require certain information to provide our Services to you. For example, we must collect certain personal information from investors, tenants and vendors to comply with legal obligations. We also require certain personal information to provide you with access to certain websites, apps and networks. If you do not wish to share such required personal information, we may not be able to provide you with certain Services.
Security
To protect your personal information from unauthorized access and use, we use security measures that comply with applicable law and industry standards. These measures include computer safeguards and secured files and buildings. We restrict access to personal information to those employees, affiliates, agents, and third parties who have a need to know the information to perform a business purpose. We maintain physical, electronic, and procedural safeguards reasonably designed to protect the personal information while it is within our control.
Data Retention and Disposal
The personal information may be stored in our technology systems or those of our service providers, or in paper files. We will delete your personal information when it is no longer reasonably required for the uses described herein, or when you withdraw your consent or request erasure, to the extent that we are not legally required or otherwise permitted to continue to hold such data. Since we maintain our applications and systems to protect against accidental or malicious loss and destruction, residual copies of your Personal Information may be retained in our backup and archival systems for a limited period of time, after which the information will be automatically deleted or made unusable where deletion is not possible.
Cookies and Other Technologies
Cookies are small pieces of text that are transferred to your browser to enable our Services to recognize your device and to help us improve how our Services work. We use first party cookies, which are served directly by us to your browser as well as third party cookies which are served by a third party on our behalf. We use cookies which allow us to remember your preferences (such as your location or your preferred language) and help our Services to function properly. We also use cookies to authenticate users, prevent fraudulent use of login credentials and protect user data from unauthorized parties. We use other cookies to remember your recent searches and your interactions with certain ads and websites, and use this information to show you customized content tailored to your interests. The cookies we use include both session cookies, which are deleted after you close down your browser, and persistent cookies, which are more permanent and store certain information about your use of the Services.
The “help” feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to receive notifications from the browser when you receive a new cookie, or how to disable cookies altogether. If you do not wish to have cookies placed on your browser by our Services, we recommend that you adjust your browser settings and delete cookies which have already been placed using your internet browser’s help menu. Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages may not display properly.
We use pieces of code or scripts that collect certain information automatically through our website or other services (sometimes referred to as pixel tags, web beacons, web bugs, and similar technologies). This includes information such as pages that you visit, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, preferences you set, and data that you enter into certain forms. This information is used to help us understand how you engage with our Services, to track user behavior and conversions, to engage with customers, and to provide you with the Services.
We use Google Analytics to help us understand how you engage with our Services. This tool collects data, including the URL of the page you’re visiting and your Internet Protocol (IP) address, and sends it to Google. This information is collected in order to provide and protect the security of the Service, and to give us a sense of which country, state, or city in the world you come from. Google Analytics may also set cookies on your browser or read cookies that are already there. For more information on Google Analytics, please see the site "How Google uses data when you use our partners' sites or apps" (located at www.google.com/policies/privacy/partners/ or other URL Google may provide from time to time). If you do not want Google Analytics to be used in your browser, you can install the Google Analytics browser add-on (located at https://tools.google.com/dlpage/gaoptout or other URL Google may provide from time to time).
We also use Google Analytics Advertising Features. We use Google advertising cookies together with the Google Analytics cookies to help show you more relevant ads and to measure interactions with the ads that are shown. You can opt-out of the Google Analytics Advertising Features we use through Google Ads Settings ( http://www.google.com/settings/ads/onweb/, or any other URL Google may provide from time to time) or the Google Analytics browser add-on noted above.
Jurisdiction Specific Information
California Residents
Details of Data Collected, Used and Disclosed
Please see above for the categories of personal information collected, the categories of sources from which information is collected, the business purpose for which the information is collected, and the categories of third parties with whom the information is shared.
Details of sale of data to third parties
BMG does not, and will not, sell your personal information.
Your Privacy Rights
If you are a California resident, you also have certain rights pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), including:
You also have the right, under California Civil Code Section § 1798.83, to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Your options for making such a request are listed below.
Request Process
You can make a request under the CCPA using the web form, email or toll-free phone number listed in the “Contact Information” section below. We will need certain minimum information in order to process your request, including your name, email, state and country of residence, your relationship to us, and the nature of your request.
Upon receipt of a request, we will first need to determine that the individual making the request is the individual about whom we have collected personal information. The specific steps in the verification process will depend on the type and sensitivity of the request. After verification, we will review the request and contact you if any follow-up information is needed to process your request. We will then determine whether your request can be fulfilled or whether there are exceptions that apply. We will respond to your request within the time frames set forth in the CCPA.
Information received from you during the request process will be maintained for record-keeping purposes but will not be used for any other purpose.
Authorized Agents
You have the right to designate an authorized agent to make a request under the CCPA on your behalf. Such authorized agent must be a natural person or a business entity registered with the Secretary of State. In order to process a request by your authorized agent, we will need to receive proof that the authorized agent is authorized to act on your behalf. This may be in the form of a Power of Attorney executed pursuant to the California Probate Code sections 4000 to 4465. If you do not have such a Power of Attorney, we may require that you provide a copy of the written documentation authorizing the agent to act on your behalf and also require you to verify your own identity directly with us. We may deny a request from an agent that does not submit proof that they have been authorized to act on your behalf.
Financial Incentives
BMG does not offer financial incentives or price or service differences in exchange for the retention or sale of your personal information.
Do Not Track Signals
Do Not Track (DNT) is a privacy preference that users may be able to set in some web browsers to signal that they have requested to opt out of tracking by websites and online services. Currently, there is no legal or industry standard regarding DNT signals, and therefore, we do not alter our data collection and use practices when we see a DNT signal from your browser. Please see the Cookies section above for additional information on what information is gathered, the purpose and the third parties that collect information about your activity on our site.
Contact Information
If you have any questions or concerns about our privacy practices or wish to exercise your rights with respect to your personal information, please direct your inquiry to:
Online:
Email: privacy@blackmgroup.com
Toll-Free: 1-833-877-7500
Black Mountain Group, LLC
7901 Kingspointe Pkwy ste 8,
Orlando, FL 32189
We are committed to ensuring effective communication and digital accessibility to all users. If you encounter accessibility barriers in accessing this Privacy Policy and would like to request this notice in an alternate format, please email privacy@blackmgroup.com.
EEA Data Subjects
Legal Basis for Processing
If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal basis for doing so under applicable EU laws. The legal basis depends on the Services you use and how you use them. This means we collect and use your information only where: (i) we need it to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services; (ii) it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Services and to protect our legal rights and interests; (iii) you give us consent to do so for a specific purpose; or (iv) we need to process your data to comply with a legal obligation. If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the Services.
International Data Transfers
The Services may be accessed or used by individuals located outside the United States. If you choose to use the Services from the European Union (EU) or other regions with laws governing data collection that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States and by providing your personal information on or through the Services you consent to that transfer.
Automated Decision Making
We do not subject you to decisions based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
Rights
Where appropriate and where applicable by law, we shall provide you with the following individual rights with respect to your personal information: (1) the right to access your personal information, (2) the right to correct or erase your personal information, (3) the right to restrict the processing of your personal information, (4) the right to object to the processing of your personal information, (5) the right to portability of your personal information, and (6) the right not to be subject to a decision based solely on automated processing. You have the right to lodge a complaint with supervisory authorities regarding the processing of your personal information.
You can exercise your rights with respect to your personal information by using the web form, email or toll-free phone number listed in the “Contact Information” section below. To the extent we are processing the personal information based on your consent, you may withdraw such consent at any time, provided that such personal information is not required by a legal obligation. You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link in such email communications.
Consequences of failure to provide data
We require certain information to provide our Services to you. For example, we must collect certain personal information from investors, tenants and vendors to comply with legal obligations. We also require certain personal information to provide you with access to certain websites, apps and networks. If you do not wish to share such required personal information, we may not be able to provide you with certain Services. If you delete or refuse certain cookies, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages may not display properly.
Controller/EU Representative
Your information is controlled by Black Mountain Group, LLC If you are a resident of the European Economic Area and you have any questions regarding how your information is handled, or have questions about our privacy practices, please direct your inquiry to our EU Representative.
Controller:
Black Mountain Group,
LLC7901 Kingspointe Pkwy Ste 8
Orlando, FL 32819
Email: Privacy@blackmgroup.com
EU Representative:
MontenegroBlack Mountain Group, DOO
July 5 St, # 56, Fifth Floor, Podgorica, 81000 Montenegro
Email: privacy@blackmgroup.com
Children’s Online Privacy Protection Act (COPPA)
We are committed to protecting the privacy of children. The Services are not intended for use by children, and we do not knowingly collect personal information from children under the age of 13. If we learn that personal information has been collected from persons under the age of 13 through the Services, then we will take appropriate steps to delete this information. If a child under 13 provides us with personal information without parental or guardian consent, the parent or guardian may contact us Privacy@blackmgroup.com and we will remove the information. No information should be submitted to or via our Services by users under the age of 13.
Changes to Policy
We may periodically modify this Privacy Policy and will promptly post an updated Privacy Policy on https://blackmgroup.com showing the date of the update. Please check regularly for the most recent version of our Privacy Policy. You agree that the act of posting a revised Privacy Policy electronically on the website satisfies our obligation to deliver the Privacy Policy to you. Your continued use of the Services after such posting constitute consent to the collection and use of your information as described in the then-current Privacy Policy. If you disagree with any changes made to this Privacy Policy you will need to stop using the Services. We will keep prior versions of this policy which you may request via email to privacy@blackmgroup.com. You agree that the act of posting a revised Privacy Policy electronically on the website satisfies our obligation to deliver the Privacy Policy to you.
Contact Us
If you have any questions regarding how your information is handled, or have questions about our privacy practices, please direct your inquiry to Black Mountain Group, LLC as set forth below.
7901 Kingspointe Pkwy Ste 8, Orlando, FL 32819
Email: privacy@blackmgroup.com
Toll Free: 1-833-577-7500
If you are a resident of the European Economic Area, please contact our EU Representative (see “EEA Data Subject” section above).
Disclaimers
Third Party Site Links
You may have the opportunity to follow a link to other websites that may be of interest to you from our website or from our other Services. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by BMG of any information, materials, products, or services contained in or accessible through any linked site. We are not responsible for the privacy practices of those websites or the content provided thereon. BMG and its affiliates disclaim any and all liability for the information, including without limitation, any express or implied representations or warranties for information or errors contained in, or omissions from, such information. BMG and its affiliates, employees and officers shall not be liable for any loss or liability suffered by you resulting from the provision to you of the information or your use or reliance in any way on the information on such third party websites.
Accessibility Statement
We are committed to ensuring effective communication and digital accessibility to all users. We are continually improving the user experience for everyone and apply the relevant accessibility standards to achieve these goals. We welcome your feedback on the accessibility of our websites and mobile apps. Please let us know if you encounter accessibility barriers in accessing any area of/on our website or mobile app by emailing us at notice@blackmgroup.com.
Social Media
Comments, opinions, follows, retweets, replies or links posted by users are the responsibility of the person who posted them. These opinions do not represent the views of BMG and we do not adopt, endorse or guarantee the accuracy, completeness or usefulness of such information.
Please do not post stories, testimonials or advice about how well (or not) a given investment performed or worked for you. Please refrain from providing advice or recommendations about specific investments, including investments sponsored by BMG. Such experiences and opinions may not apply to others.
BMG reserves the right to remove or moderate comments. To keep our social media pages useful for everyone, please contribute to the discussion with relevant information. Do not post or link to advertisements, offensive or inappropriate content. BMG reserves the right to restrict users from our pages who do not follow these guidelines or for any other reason. Users who have a business relationship with BMG or our affiliates or other beneficial interest in commenting are responsible for adhering to any obligations to disclose that relationship or interest in their posts.
General Disclaimer
The information contained on www.blackmgroup.com
does not constitute an offer of securities.
U.S. Treasury Circular 230 Tax Notice
BMG does not render advice on tax and tax accounting matters to clients. This website was not intended or written to be used, and it cannot be used by any taxpayer, for the purpose of avoiding penalties that may be imposed on the taxpayer under U.S. federal income tax laws. Investors should consult their own legal, tax investment or other advisors, at both the onset of any transaction and on an ongoing basis to determine the laws and analyses applicable to their specific circumstances.
Use of Historic Performance Data Risk Disclosure
Unless stated otherwise, any performance data quoted represents past performance. Past performance is not indicative of future returns. No representation or warranty is made that any returns indicated will be achieved.
TERMS OF USE
Welcome and thank you for your interest in the www.blackmgroup.com website (the “Website”) owned and operated by Black Mountain Group, LLC (“BMG”, “We”, “Our”, or “Us”). The Website is a technology platform that allows eligible investors independently to review and invest in offerings. These Terms of Service govern your access and use of the Website and all publicly available content, services and/or products provided through the Website (collectively, the “Services”). Visitors to the Website and users of the Services are referred to herein individually as “User”and collectively as “Users”. The Services are offered to you subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, BMG’s Privacy Policy), any future modifications that may be published from time to time without notice to you or liability for such change on the Website or otherwise provided to you, and any additional terms and conditions to which you have agreed in connection with specific features, applications, products, or services provided by the Website or the Services (collectively, the “Terms”). In order to invest in an offering, you will have to create an account and enter a separate agreement with BMG, the terms of which are hereby incorporated into these Terms by reference.
BY ACCESSING, BROWSING, AND/OR OTHERWISE USING THE WEBSITE OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE AND ALL OTHER POLICIES AND PROCEDURES POSTED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY SUCH AGREEMENTS, THEN YOU MUST IMMEDIATELY CEASE ACCESS, BROWSING OR OTHERWISE USE THE WEBSITE OR THE SERVICES.
Changes to the Terms
Your use of the Website and the Services is governed by the then-current version of the Terms in effect on the date of such use. BMGmay, at its sole discretion, modify the Terms and/or other policies and procedures governing the Services at any time without notice or liability by posting the modified Terms, policies or procedures to the Website and revising the “Updated”date. Your continued use of the Services after modified Terms have been posted or otherwise provided to you constitutes your agreement to be bound by the then-current Terms.
Privacy
BMG takes the privacy of its Users very seriously. Please read BMG’s Privacy Policy for information relating to our collecti