Opus Capital Management LLC (“Administrative Manager”) and Opus Investment Management LLC (“Investment Manager”, and together with the Administrative Manager, “Opus,” “we,” “us,” “our”) are committed to protecting the privacy of all individuals who utilize the www.opusfund.com site (the “Site”), all information contained therein, and all related mobile applications, tools and downloads (all of the foregoing, collectively, the “Service”).
PLEASE READ THIS PRIVACY POLICY (THIS “PRIVACY POLICY”) CAREFULLY BEFORE USING THIS SITE AND THE SERVICE TO UNDERSTAND HOW OPUS COLLECTS, USES AND PROTECTS INFORMATION AND DATA COLLECTED EXCLUSIVELY THROUGH THE SERVICE.
WHEN YOU VISIT THE SITE, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY AND OPUS’S USER AGREEMENT (THE “AGREEMENT”), AND YOU ACKNOWLEDGE, UNDERSTAND AND ACCEPT OPUS’S DISCLAIMERS (THE “DISCLAIMERS”). BY USING THE SERVICE OR PROVIDING ANY PERSONAL INFORMATION, WHETHER YOU MAKE AN INVESTMENT OR NOT, YOU ARE AGREEING TO OUR COLLECTION AND USE OF SUCH INFORMATION CONSISTENT WITH THIS PRIVACY POLICY, AND TO BE BOUND BY THIS PRIVACY POLICY, THE AGREEMENT AND THE DISCAIMERS. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, THE AGREEMENT OR THE DISCLAIMERS, YOU MAY NOT USE THE SERVICE.
OPUS MAY MAKE CHANGES OR IMPROVEMENTS TO THE SERVICE AND/OR TO THIS PRIVACY POLICY AT ANY TIME. ANY MODIFICATIONS MADE WILL BE EFFECTIVE IMMEDIATELY UPON THE POSTING OF THE MODIFIED PRIVACY POLICY ON THE SITE. BY CONTINUING TO USE THE SERVICE AFTER ANY CHANGES OR IMPROVEMENTS ARE MADE, YOU ARE ACCEPTING AND AGREEING TO THE CHANGES AND IMPROVEMENTS. YOU AGREE TO REVIEW THE POSTED PRIVACY POLICY EACH TIME YOU ACCESS OR USE THE SERVICE SO THAT YOU ARE AWARE OF ANY MODIFICATIONS MADE TO THIS PRVIACY POLICY.
1. User Agreement and Investment Disclaimers
Please review the Agreement, available here, and the Disclaimers, available here, which also apply to and govern your use of the Service. The Agreement governs your access to and use of the Service. The Disclaimers provide important disclaimers of certain information made available through the Service. By using the Service, you (a) are agreeing to be bound by the terms of this Privacy Policy and the Agreement; and (b) acknowledge, understand and accept the Disclaimers.
2. Data Collection
Opus collects your personal information from the following categories of sources:
• Directly from you. Opus will collect personal information from you, including without limitation, your name, email address, mailing address, and other information you provide, including through website forms or contacting us with questions or comments.
• Automatically or indirectly from you. Opus may also collect information using automated methods, including without limitation, your computer or device’s IP address or other unique identifier, your Internet service provider, your type and version of browser and operating system, your geographic location, information about the site that referred or linked you to the Site (if any), any search words or terms that are passed from a search engine, and your activity on the Service. Although this information is related to you, it is not personally identifiable information.
3. Data Use
Opus may use information collected from you and/or your computer or device through your use of the Service in an effort to, among other things:
• Provide you with information tailored to your requests, responding to inquiries, and delivering services and products;
• Operate, maintain, and improve the quality of the Service and such content, products and/or services as we may make available through the Service;
• Communicate with you by email and telephone, in each case with your consent, if such consent is required in accordance with applicable laws, about financial products, services, and other topics;
• Conduct and administer surveys;
• Market our service to you, including sending messages to you about us and the products and services we offer, upon establishing a preexisting substantive relationship with you if required to market such products or services.
• Comply with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies;
• Endeavor to protect our and our partners’ rights, property, or safety, and the rights, property, and safety of our users and other third parties; and
• Meet other purposes, as permitted or required by law.
4. Security
Opus employs reasonable and appropriate measures designed to protect your personal information against inadvertent or illegal loss, destruction, disclosure or access. Your personal information is stored on secure servers located in the United States. ALTHOUGH OPUS WILL USE VARIOUS TECHNOLOGIES AND TOOLS TO PROTECT YOUR PERSONAL INFORMATION AGAINST LOSS, DESTRUCTION, DISCLOSURE OR ACCESS, NO METHOD OF SECURING DATA IS FOOLPROOF OR COMPLETELY EFFECTIVE, AND THIRD PARTIES MAY UNLAWFULLY ACCESS OR INTERCEPT DATA TRANSMISSIONS, COMMUNICATIONS OR STORED DATA, AND MAY UNLAWFULLY USE THE DATA. THUS, ALTHOUGH OPUS TAKES REASONABLE MEASURES TO PROTECT YOUR PERSONAL INFORMATION, OPUS DOES NOT AND CANNOT GUARANTEE THAT YOUR PERSONAL INFORMATION WILL REMAIN PRIVATE OR SECURE.
5. Data Sharing
Opus may share personal information with third parties as permitted by law, such as service providers, affiliates, and other partners, to assist Opus in: (i) providing its services to you, including without limitation, in connection with the administration and operation of Opus’ funds, and the processing and completion of transactions requested by an investor; (ii) maintaining and managing customer information; (iii) communicating with you; and/or (iv) communicating with others acting in a fiduciary or representative capacity on your behalf (solely with your prior authorization). Opus does not authorize any unaffiliated third party to make any use of your personal information other than as noted in this Privacy Policy.
6. Third Party Sites
As a convenience, we may reference or provide links to third-party websites and services, including those of unaffiliated third parties, our affiliates, service providers, and third parties with which we do business. When you access these third-party services, you leave our Service, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any third-party websites and services. You access these third-party services at your own risk. This Privacy Policy does not apply to any third-party services; please refer to the privacy notices or policies for such third-party services for information about how they collect, use, and process personal information.
IN NO EVENT WILL OPUS BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
7. Your Choices
You have certain rights regarding the collection and processing of personal information. You may exercise these rights, to the extent they apply to you, by contacting us at the information provided at the end of this Privacy Policy, or by following instructions provided in this Privacy Policy or in communications sent to you. Please be prepared to provide reasonable information to identify yourself and authenticate your requests.
Communications Opt-Out. You may opt out of receiving marketing or other communications from us at any time through a given communications channel (such as email or telephone) by following the opt-out link or other unsubscribe instructions provided in any email message received, or by contacting us as provided at the end of this Privacy Policy. If you wish to opt out by sending us an email to the address provided below, please include “Opt-Out” in the email’s subject line and include your name and the email address you used to sign up for communications in the body of the email.
Note that if you do business with us in the future, you may not, subject to applicable law, opt out of certain automated notifications based on business transactions.
8. Your California Privacy Rights
Under California’s “Shine the Light” law, if you are a resident of California, you may make a written request to Opus about how Opus has shared your personal information with select third parties for their direct marketing purposes. In response to your written request, Opus will identify the categories of information shared, if any, and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. Please submit a written request to info@opusfund.com. However, we do not disclose personal information protected under the “Shine the Light” law to third parties for their own direct marketing purposes.
9. Your Nevada Privacy Rights
Nevada law permits our users who are Nevada consumers to request that their personal information not be sold (as defined under applicable Nevada law), even if their personal information is not currently being sold. Please submit a written request to info@opusfund.com. However, we do not sell personal information protected under the Nevada law.
10. Cookies and Persistent User Identifications
Opus may use logging and analytics tools, cookies, pixel tags, and/or other persistent identification methods (collectively, “Persistent IDs”) to enhance your experience with the Service and to improve the structure, content and offerings on the Service. “Cookies” are pieces of information that the Service sends to your browser while you are visiting and using the Service to store your preferences; other Persistent IDs use different technologies and methodologies. You can change your privacy preferences regarding the use of cookies and other technologies through your browser, including blocking all cookies and disabling other Persistent IDs; however blocking all cookies may affect your use of certain features of the Service and other websites and services online, and may prevent you from using all the features of the Service and other websites and services. If you wish to opt out of Google Analytics tracking, visit https://tools.google.com/dlpage/gaoptout. You may also disable tracking for certain analytics providers by removing or blocking related cookies or similar technologies.
At this time the Service does not recognize automated browser signals regarding tracking mechanisms, which may include "do not track" instructions.
11. Qualification for Use
Opus does not collect any personal information from anyone known to be under the age of eighteen (18). If you are under the age of eighteen (18), you are not permitted to use the Service. By using the Service, you represent that you are eighteen (18) years of age or older.
12. Sale of Business
Opus may also disclose your information if the Administrative Manager and/or the Investment Manager, or all or a portion of their ownership interests or assets, is actually or potentially acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, or similar event. In such a case, your information may be transferred to such actual or potential third party acquirers.
13. U.S. Jurisdiction
Your personal information will be stored and processed in the United States. If you are using the Service from outside the United States, by your use of the Service you acknowledge that we will transfer your data to, and store your personal information in, the United States, which may have different data protection rules than in your country, and personal information may become accessible as permitted by law in the United States, including to law enforcement and/or national security authorities in the United States.
14. Applicability
This Privacy Policy does not apply to information from or about you collected by any third-party services, applications, or advertisements associated with, or websites linked from, the Service. The collection or receipt of your information by such third parties is subject to their own privacy policies, statements, and practices, and under no circumstances are we responsible or liable for any third party’s compliance therewith.
15. Contact Us
If you have any questions about this Privacy Policy, the practices of the Service, or your interactions with the Service, please contact us at: info@opusfund.com.
Last updated: March 4, 2025