We Respect Your Privacy

We greatly value the trust and confidence you place in us, and we are committed to protecting your personal data.  This Privacy Policy describes how we collect, process, use, share and secure the personal information you provide. It also describes your choices regarding use, access, and correction of your personal information.  

Personal Data

This policy applies to personal data we may collect, process, and handle. For purposes of this statement, "personal data" means information that:

·       is about, or pertains to, a specific individual; and

·       can be linked either directly or indirectly to that individual.

 

 Generally speaking, we collect and process personal data as follows:

1)     from employees and independent contractors in the context of the employment or contractor relationship,

2)     from clients who wish to engage in advisory services or private placement securities transactions, and

3)     from customers and issuers (parties participating in securities transactions) as necessary to effect transactions and as required by regulatory agency or legal requirements.

 

Principles Protecting Individuals’ Privacy Notice and Choice

We collect personal data from individuals as follows:

·       We notify individuals about the personal data we collect from them, how we use it and how to contact us with privacy concerns. All personal data is collected and processed with the express and informed consent of the relevant individuals or is collected and processed pursuant to mandatory legal requirements, including but not limited to those imposed by FINRA and the SEC.

·       We provide such notice through this policy, our engagement letters or other similar documents, instructions on personal data collection forms, and direct communication with individuals from whom we collect personal data.

·       Consent for personal data to be collected, used, and/or disclosed in certain ways (including opt-in consent for sensitive data) may be required in order for an individual to obtain or use our services. Such consent is provided through our engagement letters, employment agreements, customer identification forms, subscription agreements and other similar documents.

 

Disclosures and Transfers

We do not disclose an individual's personal data to third parties, except when one or more of the following conditions is true:

·       We have the individual's permission to make the disclosure.

·       The disclosure is required by our broker-dealer firm, Growth Capital Services*, in order to effect a private placement securities transaction or supervise the business activities of the firm’s registered representatives or foreign associated persons.

·       The disclosure is required by lawful request by public authorities, including to meet national security, regulatory agency or law enforcement requirements.

·       The disclosure is required by law or mandatory professional standards.

·       The disclosure is reasonably related to the sale or other disposition of all or part of our business.

·       The information in question is publicly available.

·       The disclosure is reasonably necessary for the establishment of legal claims.

·       The disclosure is to persons or entities providing services on our or the individual's behalf (each a "transferee"), consistent with the purpose for which the information was obtained, if the transferee, with respect to the information in question, is subject to law providing an adequate level of privacy protection or has agreed to provide an adequate level of privacy protection.

·       We may supply personal data to a transferee for the purpose of verifying identification or suitability for customers and issuers.

·       We may transfer personal data from one jurisdiction to another.  Privacy laws vary by jurisdiction, and some may provide less or different legal protection than others. 

 

*  All securities are offered through Growth Capital Services (“GCS”), member FINRASIPC.  If you do not wish to provide all of the information requested on GCS’ Customer Identification Form, or if your identity cannot be adequately verified in accordance with federal requirements, GCS reserves the right to refuse your participation in the transaction.  You can review GCS’ Privacy Policy here.  

 

Data, Security, Integrity and Access

We employ various physical, electronic, and managerial measures, including education and training of our personnel, designed to reasonably protect personal information from loss, misuse or unauthorized access, disclosure, alteration or destruction. Personal data collected or displayed through a website is protected in transit by standard encryption processes. However, we cannot guarantee the security of information on or transmitted via the Internet. 

We process personal data only for the limited and specific purpose for which it was originally collected or authorized by the individual. To the extent necessary for such purposes, we take reasonable steps so that personal data is accurate, complete, current, and otherwise reliable with regard to its intended use. 

An individual has the right to access personal data we hold about them.  An individual may contact us using the information below to correct, amend, or delete information where it is inaccurate. The individual will need to provide sufficient identifying information, such as name, address, and birth date. We may request additional identifying information as a security precaution such as possibly a national identifier (e.g. a Social Security number). In addition, we may limit or deny access to personal information where providing such access would be unreasonably burdensome or expensive in the circumstances, or where the rights of persons other than the individual would be violated. In some circumstances, we may charge a reasonable fee, where warranted, for access to personal information.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. Notwithstanding the foregoing, we reserve the right to keep any information in our archives that we deem necessary to comply with our legal and regulatory obligations, resolve disputes and enforce our agreements.

Data Rights

Your rights under relevant data protection laws are complex. We have attempted to summarize your rights herein, but not all details can be included in these summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

You have the right to consent to whether we collect any personal data from you, and whether or not we process your personal data. Where we do process or share personal data, you have the right to know the purposes of the processing, the categories of personal data concerned, and any recipients of your personal data.

You have the right to have any inaccurate personal data about you corrected and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

To the extent not inconsistent with our legal and regulatory obligations, you may have the right to the erasure of your personal data.

You may have the right to restrict or object to the processing of your personal data under certain circumstances, subject to external legal and regulatory requirements. If you object, we will cease to process your personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims. To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

You may exercise any of your rights in relation to your personal data by written notice to us via email directed to richie@tsequity.com

We sometimes will send emails and use cookies to then run advertising campaigns.

Accountability and Enforcement

You may file a complaint in connection with our processing of your personal data using the contact information below. We will take appropriate steps to address any adverse effects and to promote future compliance.  Personnel who violate our privacy policies will be subject to disciplinary action or termination.

Amendment

We may amend this policy from time to time by posting a revised policy on this website.  If we amend the policy, the new policy will apply to personal data previously collected only insofar as the rights of the individual affected are not reduced.

Contact Information

For further information, questions, access requests, or any other issues, please contact:


Name: Richard Hecker

Title: Managing Member

Company: Traction and Scale LLC

Mailing address: 2160 81st, Brooklyn, NY 11214

Email: richie@tsequity.com

Phone:  (646) 580-6875

 

 

 


 

Appendix 2:  Legal Notices

Disclaimer

The material on this website is for the general information of our clients and visitors.

This website does not constitute an offer to sell or a solicitation of an offer to buy or sell any security or investment product, and may not be relied upon in connection with any offer or sale of securities. Nothing on this website is a recommendation that you purchase, sell or hold any security, or that you pursue any investment style or strategy. Nothing on this website is intended to be, and you should not consider anything on the website to be, investment, accounting, tax or legal advice.

Customer Identification Program 
To help the government fight the funding of terrorism and money-laundering activities, and to verify your identity, federal law may require Growth Capital Services (GCS) to obtain your name, date of birth, address and a government-issued identification number before opening your account. If you are acting on behalf of a corporate entity, we may be required to obtain your name and title, and the corporation’s address and government-issued identification number. In certain circumstances, GCS may obtain and verify this information with respect to any person(s) authorized to effect transactions in an account. Your account may be restricted and/or closed if GCS cannot verify this information. GCS will not be responsible for any losses or damages (including but not limited to lost opportunities) resulting from any failure to provide this information, or from any restriction placed upon, or closing of, your account.


Conflicts of Interest 
GCS and its affiliates may from time to time engage in activities that are in conflict with their securities customers. The employees of GCS, its contract consultants, and its affiliates are bound to the customer’s best interests and are required to notify GCS of any possible or potential conflict of interest which may result from their other activities, and may commence such other activities only after the prior, written approval of GCS, which may not be unreasonably withheld. 

Risk 
IMPORTANT: All investing is risky, and no investor should decide to commit funds without first consulting with a competent professional adviser. Some or all invested funds can be lost.  The past performance of any investment, investment strategy or investment style is not indicative of future performance. Future results may vary, and are not guaranteed. The value of investments and their income may increase or decrease, and a loss of principal - including all principal - may occur.

Private Placements 
GCS is primarily a private placement banker and broker. A private placement is the sale of registered or unregistered securities to a limited number of qualified private investors, including institutional investors, accredited individuals, and entities that meet certain investor eligibility requirements. Securities purchased through private placements typically fall into the category of alternative assets - investments that often have a low correlation to public markets and offer essential diversification to portfolios dominated by traditional stocks and bonds. 

However, private placements generally are highly illiquid, and are not subject to public disclosure obligations. Investors should consult professional advisers, perform deep due diligence, and engage in careful deliberation before investing.

Qualified Investors

Investing in private placements requires high risk tolerance, low liquidity concerns, and long-term commitment. Investors must be able to afford to lose their entire investment. For those reasons, these offerings may be made available only to certain institutional investors and high net worth individuals and entities. As with all alternative investments, investors must meet certain eligibility tests to qualify as purchasers. Currently, entities must have assets of at least $5 million (or all individual owners meet accredited investor tests). Individuals must have a net worth of more than $1 million or gross income for each of the last two years of at least $200,000 ($300,000 with spouse) with the expectation of the same income in the current year, excluding one’s residence.

 

Securities Investor Protection Corporation (SIPC)

Growth Capital Services is a member of the Securities Investor Protection Corporation (SIPC), which provides protection for owners of securities accounts.  Our firm does not hold securities; all accounts and assets are held by our issuers, sponsors, or their clearing brokers or qualified custodians. No coverage protects against a decline in the market value of securities.  An explanatory brochure about the SIPC protection is available upon request through the Securities Investor Protection Corporation, www.sipc.org



Appendix 3: Business Continuity Plan

Our broker dealer Growth Capital Services has developed a Business Continuity Plan (BCP) as part of our ongoing contingency planning efforts to mitigate the impacts of business interruptions. Since disasters and disruptions are unpredictable, we will have to be flexible in responding to actual events as they occur. With that in mind, we are providing you with this information on our business continuity plan.

We plan to quickly recover and resume business operations after a Significant Business Disruption and respond by safeguarding employees’ lives and firm property, protecting the firm’s books and records, and allowing our customers to transact business. In short, our business continuity plan is designed to permit our firm to resume operations as quickly as possible, given the scope and severity of the significant business disruption.

Our business continuity plan addresses:

§  data backup and recovery;

§  mission critical systems;

§  financial and operational assessments;

§  alternative communications with customers, employees, and regulators;

§  alternate physical location of employees;

§  critical supplier, contractor, bank and counter-party impact; and

§  regulatory reporting

Significant business disruptions can vary in their scope. For example, an SBD could affect only our firm, a single building housing our firm, the business district where our firm is located, the city where we are located, or the whole region. Within each of these areas, the severity of the disruption can also vary from minimal to severe.

In any situation, we plan to continue in business, and notify you through our web site or our main customer number regarding how to contact us. This plan is reviewed periodically and subject to modification without notice. A written copy of the summary of this plan is provided to customers at account opening, posted on the firm’s website, and provided to customers upon request. If you have questions about our business continuity planning, please contact us at your convenience.


Appendix 4: Terms of Use

Modify text in red as appropriate. 

User Agreement

Welcome to the Traction and Scale LLC and its TS Equity investment banking division website. Traction and Scale’s TS Equity division provides investment banking services. By accessing this website, you agree to comply with this binding user agreement between you and Traction and Scale LLC through its TS Equity division, which governs your access and use of the website. If you do not accept these terms and conditions, do not use this website. Your use of this website indicates your full acceptance of this user agreement in its then-current form each time you use the website. Traction and Scale LLC through its TS Equity division reserves the right to change the terms and conditions at any time, without notice.

 

Ownership and restrictions on use

All content included on this website is the property of Traction and Scale LLC through its TS Equity division or others and is protected by copyright with all rights reserved. You may download or print out a hard copy of individual pages and/or sections of the Traction and Scale LLC through its TS Equity division website, provided that you do not remove any copyright or other proprietary notices. Any downloading or otherwise copying from the Traction and Scale LLC through its TS Equity division website will not transfer title to any software or material to you. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the Traction and Scale LLC through its TS Equity division website without the prior written permission of Traction and Scale LLC through its TS Equity division.  You may not disassemble, deconstruct or otherwise violate the security of all or any portion of this website. At any time and for any reason we may revoke your right to use all or any portion of the website.

 

Risks you assume by using this website

Information on this website speaks only as of the date indicated. We make reasonable efforts to provide accurate information, but at times we may not promptly update or correct this website even if we are aware that it is inaccurate, outdated or otherwise inappropriate. You agree that we are not liable for any actions you take or decisions you make in reliance on any information on this website.

We make reasonable efforts to avoid technological problems, but at any time this website may have, and/or may cause, technological problems including viruses. We are not liable for any defects, delays or errors in or resulting from your use of this website.

We may, but have no obligation to, monitor and record activity on this website for any reason or for no reason.

 

Linked websites 
When you access certain links on the Traction and Scale LLC and TS Equity division website you may leave the Traction and Scale LLC and TS Equity division website. Traction and Scale LLC and TS Equity division has not reviewed any of the websites linked to the Traction and Scale LLC and TS Equity division website and does not endorse or accept any responsibility for the content of such websites nor the products, services or other items offered through such websites.

Password protected

The contents of the password protected area of this website are subject to the confidentiality provisions of the respective investor fund documents.

 

International use

The information provided on this website is not intended for distribution to, or use in, any jurisdiction where such distribution or use would be contrary to law. You are responsible for compliance with applicable local laws and regulations.

 

No warranty

The information and opinions contained on the Traction and Scale LLC and TS Equity division website are provided without any warranty of any kind, either express or implied.

 

Limitation of liability

Neither we nor any of our affiliates, agents or employees is responsible for any damages, liabilities or injury, including but not limited to indirect, incidental, special, punitive or consequential damages however caused arising out your use of (or inability to use) this website or this user agreement. Our liability is limited to the maximum extent permitted by law and is limited even if we have been advised of the possibility of the damages, liability or injury that you suffer or if any remedy you have fails of its essential purpose, including any damages, liabilities or injuries caused by any failure of performance, error, omission, theft, interruption, deletion, defect, delay in operation, computer virus, communication line failure, or other computer malfunction.

 

Governing law

You agree that your use of this website and any disputes relating to the website or this user agreement shall be governed in all respects by the laws of the state of New York. Any dispute relating to the above shall be brought solely in the state or federal courts located in New York, NY, and it is agreed that such courts shall have jurisdiction over the parties to this user agreement and any dispute arising hereunder.

 

Appendix 5: Resources

http://finra.complinet.com/en/display/display_main.html?rbid=2403&element_id=10648

GCS’ Written Supervisory Procedures are available at all times in the OLIVIA Library.