Privacy Policy

Siltstone Capital, LLC – Regulatory Information, Terms of Use and Privacy Policy

The following “Regulatory Information” sets forth the legal disclaimers applicable to visitors to this website (this “Website”) and potential investors. The following “Terms of Use” set forth the conditions of use governing this Website, and the following “Privacy Policy” governs the privacy practices in respect of this Website for Siltstone Capital, LLC and all of its affiliates (collectively, “Siltstone” or “we”).  The Regulatory Information, Terms of Use and Privacy Policy collectively set out your obligations and ours with respect to your use of the Website and, by accessing or using the Website, you are acknowledging that you have read, understand, and agree without limitation or qualification to be bound by these Regulatory Information, Terms of Use and Privacy Policy.

To the extent permitted by applicable law, we may change, add, or remove any part of the Regulatory Information, Terms of Use or Privacy Policy from time to time in order to address new issues, reflect changes on our Website, in response to legal or regulatory changes, or for any other reason.  Any such changes will be reflected in a revised Regulatory Information, Terms of Use or Privacy Policy, as applicable.  By continuing to use this Website after such revised Regulatory Information, Terms of Use or Privacy Policy is posted, you are indicating your acceptance of such changes.  If you do not agree to abide by these terms and conditions, please exit this Website immediately.

All material on this Website is information of a general nature and does not address the circumstances of any particular individual or entity.  Nothing on this Website constitutes professional and/or financial advice, nor does any information on this site constitute a comprehensive or complete statement of the matters discussed or the law relating thereto.  No action should be taken or omitted to be taken in reliance upon information on this Website.  Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstance.

BY USING THIS WEBSITE, YOU CONSENT TO OUR USING ANY INFORMATION THAT YOU PROVIDE TO US OR THAT WE COLLECT, IN ACCORDANCE WITH THE PROVISIONS OF THE REGULATORY INFORMATION, TERMS OF USE AND PRIVACY POLICY STATED HEREIN.

REGULATORY INFORMATION

Siltstone is an investment adviser registered with the United States Securities and Exchange Commission (“SEC”) under the Investment Advisers Act of 1940, as amended. Registration of an investment adviser with the SEC does not imply a certain level of skill or training.

All information contained on this Website is for informational purposes only and is intended only for financially sophisticated investors and energy industry participants. Nothing on this Website is to be construed as a solicitation to offer investment advice or services or an offer to sell or the solicitation of an offer to purchase any security, nor should it or any part of it form the basis of, or be relied upon in any connection with, any contract or commitment. Information about investing in Siltstone funds is only available in the form of private placement memoranda, subscription agreements and other offering documents approved by Siltstone. These documents contain information to help investors evaluate Siltstone funds’ investment objectives, risks, fees and expenses, among other factors, before considering an investment. Siltstone and its affiliates do not offer investment advisory services to the general public. Further information about Siltstone is also available in Form ADV Part 2, filed with the SEC.

Past performance is not necessarily indicative, nor a guarantee, of future results and no representation is made that any fund will or is likely to achieve results that are similar to those of Siltstone’s current or previous funds. Similarly, there can be no guarantee that Siltstone will be able to implement its investment strategy or achieve its investment objective, or that future investment opportunities will or are likely to achieve results that are similar to those of Siltstone’s current or previous funds. Investors may lose all or part of their investment capital.

Certain links are provided on this Website. These links are provided as a convenience and do not imply Siltstone’s sponsorship or approval of any of these websites or their content. Siltstone has no control over or responsibility for other websites that may be accessible from this Website, the contents thereof, their security or privacy policies, or any products/services that may be offered by them. If you access any third-party website through this Website or because it is referred to in this Website, you do so at your own risk. Links to or from this Website do not constitute an endorsement by Siltstone of the parties or businesses which are so linked, nor do they necessarily indicate any affiliation between us and such parties or businesses.

TERMS OF USE

Restrictions on Use and No Advice

Siltstone provides no advice or recommendations with respect to the use of this Website, nor do the contents of this Website constitute legal, tax, or accounting advice or advice regarding the suitability or profitability of any transaction or investment, except as expressly set forth herein. While Siltstone seeks to provide accurate, complete and current information on the Website, we cannot and do not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose.

Username and Password

Certain sections of this Website might be password-protected and are only available for use by Siltstone, investors in the investment funds of Siltstone, or other authorized persons.  These portions of the Website are intended solely for those individuals and entities that have authorized access.  You may not access any password-protected areas of the Website without proper authorization.  Those users who have been granted access to these portions of the Website are required to acknowledge, by clicking on the “I Agree” button, that they have read and agreed to these Regulatory Information, Terms of Use and the Privacy Policy.  Such users further acknowledge and agree that they are strictly prohibited from sharing or disclosing their username or password with any third parties.

Ownership of Content

All text, images, graphics, sounds and software code (“Content”) on this Website are copyrighted property of Siltstone under U.S. copyright law or other laws.  The Content may only be used for the personal education of visitors to the Website and may not be placed in the public domain.  You may not reproduce, redistribute, publish, transmit, or otherwise use by electronic or any other means any of the Content without the prior written consent of Siltstone.  You may download any Content only for lawful, personal usage, and informational purposes.

Trademarks

“Siltstone Capital” and “Siltstone” and other marks indicated on the Website are service trademarks of Siltstone.  They may not be used or displayed without the prior written consent of Siltstone or used in connection with any product or service that is not Siltstone’s.  All other trademarks, service marks and company names and logos appearing on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Siltstone.  All rights are reserved.

Non-United States Visitors

While the Website is controlled and operated from Siltstone’s headquarters in the State of Texas, United States of America, the global nature of the Internet results in the potential access to this Website by persons residing outside of the United States.  We make no representations or warranties that the Website is appropriate or available for use in countries outside of the United States.  Visitors who choose to access the Website from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

Disclaimer of Warranties

You expressly acknowledge and agree that:

(a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.  THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SILTSTONE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE.

(b) SILTSTONE DOES NOT WARRANT OR REPRESENT THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION, SERVICES OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS, (v) THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (vi) ANY ERRORS IN THE SITE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL.  YOU (AND NOT SILTSTONE OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR ANY OF THE SERVICES AVAILABLE ON THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Limitation of Liability

Siltstone and its officers, agents, partners, and employees shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, resulting from the use or the inability to use the Website and services or resulting from any information or services obtained or messages received or transactions entered into through the Website or resulting from unauthorized access to or alteration of your transmissions of data, including but not limited to damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.  In no event shall the total liability of Siltstone to you for all damages, losses and causes of action exceed the amount paid to you, if any, for accessing this Website.

If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this Website.

PRIVACY POLICY

Siltstone respects the privacy of all visitors to this Website.  In addition to collecting and processing Personal Data (which we define below) about you from your use of this Website, we also collect and process Personal Data through other means, such as when you contact us directly by phone or email or more generally in the course of operating our business.  The following Privacy Notice outlines the Personal Data that Siltstone may collect from visitors to the Website, the usage and disclosure of such Personal Data, how we collect Personal Data and how you can assert your rights in accordance with applicable data protection laws.  This Privacy Notice does not address our privacy practices with respect to any Personal Data we may collect from an investor in the funds that we sponsor or manage.  We address these practices in separate notices to investors as required by law.

What is Personal Data and what Personal Data do we collect?

“Personal Data” is any information relating to you or that we can otherwise link to you or your household. 

The Personal Data we collect on this Website may include your name, email address, residential address, IP address, login information for our investor portal and other contact information.  Some of this information we will only have access to if you provide it to us.  Our servers may record usage information, including the websites that you accessed immediately prior to and subsequent to visiting this Website, and the length of time you accessed this Website.  We may record your IP address.  If we use this data in any capacity, it will be on an aggregate basis, and we will not disclose to third parties any Personal Data in connection with such use.

This Website may employ cookies or other technology to gather information about its usage to help us improve the content, usability and functionality of the Website, and to remember certain user attributes.  The majority of commercially available web browsers allow you to erase cookies from your personal computer.

In addition to Personal Data collected from your use of our Website, we may also collect Personal Data regarding our business contacts, current and prospective investors, vendors and other contacts.  We will collect some of this Personal Data if you contact our offices or employees directly. 

How do we collect Personal Data?

We collect Personal Data that you voluntarily provide to us, such as through “contact us” forms you choose to submit on our Website to obtain more information about Siltstone or our funds.  We may also collect Personal Data through the use of “cookies” on our Website, in the ordinary course of evaluating service providers, vendors and investments, in marketing our funds or from publicly available or accessible directories, databases and agencies.  If a visitor to this Website voluntarily submits information, our servers may record and Siltstone may use such information, including but not limited to such visitor’s name and email address, for reasonable and legitimate business purposes.

How do we use your Personal Data?

We use the Personal Data we collect from you on our Website for communication purposes, such as, but not limited to (i) sending you information about Siltstone and/or our investment funds and (ii) maintaining our list of contacts.  We use the Personal Data we collect from you through other means for business purposes, such as, but not limited to (i) communicating with service providers and vendors and (ii) researching investment opportunities.

Siltstone does not use a visitor’s personally identifiable information for any other purpose without its permission.  Siltstone may share information a visitor provides on this Website with any of its affiliates or related companies (more below). 

Why do we process your Personal Data?

We process your Personal Data collected from your use of this Website for certain business reasons, including communication and marketing purposes.  We process your Personal Data collected by other means for other business reasons, including managing our business and our funds’ investments.

What legal basis do we use to process your Personal Data?

In accordance with the European Union’s General Data Protection Regulation (“GDPR”), we rely on our legitimate business interests in maintaining business relationships and communicating about Siltstone’s business as the basis for collecting your Personal Data.

Is it necessary to provide Personal Data?

You are not required to submit information to us through this Website.  However, we may collect “cookies”, which do not require your consent.  For our service providers, vendors, investors and other contacts, it is necessary to provide some Personal Data in order for us to do business with you.

With whom do we share your Personal Data?

We will not share your Personal Data with third parties except in the context of those third parties acting as data processors.  For example, we may use a customer relationship manager software platform to organize our business contacts, and your Personal Data may reside on that software.  Where relevant, we will ensure that contractual safeguards are implemented with these third-party data processors to ensure the protection of your Personal Data. 

Further, if Siltstone is required to make disclosures to a third party, including the government, in connection with a lawsuit, subpoena, investigation or other proceeding, it may do so.

Siltstone does not sell or transfer Personal Data to affiliates or third parties for value and does not intend to do so in the future.  We will amend this Privacy Notice promptly upon any changes to this policy.

How long do we retain your Personal Data?

Your Personal Data will be retained for as long as you are one of our business contacts, or longer as required by applicable law.  Your Personal Data may be deleted when it is no longer relevant or when you withdraw consent (see directly below), again within the parameters of applicable law.  If we send you emails and/or market to you, you may unsubscribe at any time from communications from us, and we will cease sending you further communications.

What are my rights with respect to my Personal Data?

Your rights described in this Privacy Notice are applicable only if you reside in a jurisdiction where the provision of such rights is required by the data protection and privacy laws of the governing regulatory authority, as outlined further below.  These rights may be limited and subject to further legal requirements.

California Consumer Privacy Act, 2020

  • The right to be informed about what Personal Data is being processed and the rationale for the processing;
  • The right to know whether and to whom your Personal Data is sold or disclosed and to opt out of the sale, if applicable;
  • The right to access (e. view or request copies of) your Personal Data that is being processed;
  • The right to request that we delete your Personal Data under certain circumstances; and
  • The right to not be discriminated against for exercising your rights under the California Consumer Privacy Act.

GDPR, 2018

  • The right to be informed about what Personal Data is being processed and the rationale for the processing;
  • The right to access (e. view or request copies of) your Personal Data that is being processed;
  • The right to request that we rectify Personal Data if it is inaccurate or out of date;
  • The right to request that we delete your Personal Data (the right to be “forgotten”) under certain circumstances;
  • The right to restrict processing your Personal Data if you contest its accuracy, the lawfulness of its processing or if we no longer need it;
  • The right to object to the processing of your Personal Data if processing is based on our legitimate interests or for direct marketing purposes;
  • The right to be informed about and object to the existence of automated decision making, including profiling, and about its significance and consequences on you; and
  • The right to request a transfer of your Personal Data to a third party in certain circumstances.

    What security do we have in place over your Personal Data?

Siltstone has implemented appropriate procedural and technical security measures to help protect your Personal Data against loss and to safeguard your Personal Data against access by unauthorized persons.  We consider the protection of sensitive information to be a sound business practice and a top priority, and to that end we employ physical, electronic and procedural safeguards to protect your Personal Data.  If you would like to request more information regarding the procedural and technical safeguards we have in place, please contact us at the email address below.  Siltstone maintains physical, electronic, and procedural safeguards that comply with federal standards to safeguard each visitor’s nonpublic personal information, and which Siltstone believes are adequate to prevent unauthorized disclosure of such information.

What are our procedures in the event of a breach to your Personal Data?

Depending on the applicable law, Siltstone may be required to notify you or the appropriate authority in the event of a breach.  States that have enacted data protection laws may require different procedures in the event of a breach of your Personal Data, including with regard to notification to certain regulators or agencies and the data subject; in each case and in the event of such a breach to your Personal Data, we will follow the laws of the applicable jurisdiction. 

Updates to this Privacy Notice

This Privacy Notice was updated in January 2020.  We may amend this Privacy Notice from time to time to reflect changes in our practices with respect to the processing of Personal Data or changes in applicable law. 

Contact information

If you have any questions about how we process your Personal Data, please contact us at (713) 375-9200.

APPLICABLE LAW

This Regulatory Information, Terms of Use and Privacy Policy are governed by and construed in accordance with the laws of the State of Texas, without regard to any principles of conflicts of law.  You agree that any action at law or in equity that arises out of or relates to any use of the Website will be filed only in the state or federal courts located in Harris County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.