Legal

Regulatory Information

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

All information contained on this website is for informational purposes only.  Nothing on this website is to be construed as a solicitation to offer investment advice or services.  Information about investing in Fairway Capital funds is only available in the form of private placement memoranda and other offering documents.  These documents contain information to help investors evaluate Fairway Capital funds’ investment objectives, risks, fees and expenses, among other factors, before considering an investment.  Once registered, further information about Fairway Capital will be available in its Form ADV 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 Fairway Capital’s funds or its principals’ current or previous funds, or that Fairway Capital’s strategies will be successful.  Investors may lose part of all of their investment capital.

The title “Resource Partner” refers to third-party service providers who are not affiliates or employees of Fairway Capital.  Resource Partners provide specialized expertise to Fairway Capital, for example in the areas of legal, auditing, compliance and fund administration, among others.

Website Terms of Use

1. Terms

By accessing this website, you are agreeing to be bound by these Website Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.  If you do not agree with any of these terms, you are prohibited from using or accessing this website.  The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Fairway Capital’s website for personal, non-commercial transitory viewing only.  This is the grant of a license, not a transfer of title, and under this license you may not:

i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on Fairway Capital’s website;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Fairway Capital at any time.  Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Fairway Capital’s website are provided “as is”.  Fairway Capital makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.  Further, Fairway Capital does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any websites linked to this website.

4. Limitations

In no event shall Fairway Capital or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Fairway Capital’s website, even if Fairway Capital or a Fairway Capital authorized representative has been notified orally or in writing of the possibility of such damage.  Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Fairway Capital’s website could include technical, typographical, or photographic errors.  Fairway Capital does not warrant that any of the materials on its website are accurate, complete, or current.  Fairway Capital may make changes to the materials contained on its website at any time without notice.  Fairway Capital does not, however, make any commitment to update the materials.

6. Links

Fairway Capital has not reviewed all of the websites linked to its website and is not responsible for the contents of any such linked website.  The inclusion of any link is provided as a convenience and does not imply sponsorship, approval or endorsement by Fairway Capital of such website(s), nor does it necessarily indicate any affiliation between Fairway Capital and such parties or businesses.  Use of any such linked website is at the user’s own risk.  Fairway Capital has no control over or responsibility for other websites that may be accessible from this website, the contents of such other websites, their security or privacy policies, or any products/services that may be offered by them.

7. Website Terms of Use Modifications

Fairway Capital may revise these Website Terms of Use at any time without notice.  By using this website you are agreeing to be bound by the then current version of the Website Terms of Use.

8. Governing Law

Any claim relating to Fairway Capital’s website shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.

Privacy Notice

What Information Do We Collect and How Do We Collect It?

You are not required to submit personally identifiable information to us through this website; provided, however, that for some of our service providers, vendors, investors and other contacts, it may be necessary to provide some personally identifiable information in order for us to do business with you.  Notwithstanding the foregoing, we may collect personally identifiable information from you or relating to you such as, but not limited to your name, email address, residential address, IP address or other information that we can otherwise link to you or your household.  Such personally identifiable information may be collected through either (i) automated means (discussed below) when you visit our website and/or (ii) your submission, such as by registering on our website, submitting information through a contact form or other web form, or subscribing to our email list.  Further, we may collect additional personally identifiable information (i) in the ordinary course of evaluating service providers, vendors and investments, (ii) in marketing our funds or (iii) from publicly available or accessible directories, databases and agencies and we may combine personally identifiable information that you provide to us with personally identifiable information that we collect from you or about you from publicly available sources.  This will include information collected in either an online or offline context.

In addition to personally identifiable information collected from your use of our website, we may also collect personally identifiable information regarding our business contacts, partners, current and prospective investors, vendors and other contacts.  We will collect some of this personally identifiable information if you contact our office or employees directly.

As described above, some of this information we will only have access to if you provide it to us or if it is publicly available; however, in other instances, such information may be collected automatically when you visit our website.  For example, we may collect information about you when you enter and browse our website through the use of “cookies” (see below), web server logs and other electronic tools.  This information may include, without limitation, the number and frequency of your visits to our website, the websites accessed before and after you visit our website, the Internet browser used by you and your IP address.

Why Do We Process Your Information and What Do We Use Your Information for?

We process your personally identifiable information collected from your use of this website for certain business reasons, including communication and marketing purposes.  We process your personally identifiable information collected by other means for other business reasons, including managing our business and our funds’ investments.

Any of the personally identifiable information we collect from you on our website may be used for various communication purposes, including in one of the following ways:

  1. To send you information about Fairway Capital and/or our funds.
    1. Maintaining our list of contacts.

Additionally, we may use the personally identifiable information we collect from you through other means for business purposes, such as, but not limited to:

  1. Communicating with service providers and vendors.
  2. Researching investment opportunities.
  3. Managing our investments.

No automated decision-making, including profiling, is used when processing your personally identifiable information.

Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

Do We Use Cookies?

Yes.  We use cookies to understand and save your information and preferences for future visits and compile aggregate data about website traffic and website interaction so that we can offer better website experiences and tools in the future.

Cookies are alphanumeric identifiers that are transferred to your computer’s hard drive through your Internet browser.  The help portion of the toolbar on most Internet browsers will tell you how to prevent your Internet browser from accepting new cookies, but this may limit your ability to use some features of certain websites, including ours.  Cookies enable us to recognize your browser and provide features that are tailored to your needs.

We may use information from cookies for purposes of planning and tracking, as well as assessing the technical function of the website.  We may also use cookies to track information about which pages you visit within the website to help us gauge the effectiveness of the website and our content.

This website may use a remarketing service to advertise on third party websites (including Google) to previous visitors to our website.  It could mean that we advertise to previous visitors who have not completed a task on our website, for example using the contact form to make an inquiry.  This could be in the form of an advertisement on a search results page, or a website in a third-party advertising display network.  Third-party vendors, including Google, use cookies to serve ads based on someone’s past visit to the Fairway Capital website.

You can set your preferences for how advertisers advertise to you by visiting the following pages.  Google’s & DoubleClick Ad Settings (http://www.google.com/settings/ads)

Network Advertising Initiative opt-out page (http://www.networkadvertising.org/managing/opt_out.asp)

Do We Disclose Information to Outside Parties?

We do not sell, trade, or otherwise transfer your personally identifiable information to outside parties.  The restrictions against transfer do not apply to trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties have agreed to keep this personally identifiable information confidential.  We may also release your personally identifiable information when we believe release is appropriate to comply with the law, enforce our website policies, or protect ours or other’s rights, property or safety.  However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.  Where relevant, we will ensure that contractual safeguards are implemented with any third-party data processors or transferees to ensure the protection of your personally identifiable information.

Fairway Capital does not sell or transfer personally identifiable information 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 our policy regarding the sale or transfer of personally identifiable information.

Third Party Links

Occasionally, at our discretion, we may include references to third party products or services on our website.  These third party websites have separate and independent privacy policies.  We therefore have no responsibility or liability for the content and activities of these linked websites.  If you access any third party website through our website or because it is referred to in our website, you do so at your own risk.  Links to or from our website do not constitute an endorsement by Fairway Capital of the parties or businesses which are so linked, nor do they necessarily indicate any affiliation between us and such parties or businesses.  Nonetheless, we seek to protect the integrity of our website and welcome any feedback about these websites.

Minors

Our website, products and services are not intended for minors, Fairway Capital does not knowingly collect personally identifiable information relating to minors and Fairway Capital expects to delete such personally identifiable information upon notice, but in any event, will comply with any provision of applicable data protection laws.  The determination of whether an individual is a minor varies by jurisdiction, and may be as low as 13 years of age in some jurisdictions; however, Fairway Capital has determined to extend the protection afforded to minors to individuals less than 18 years of age.

Online Privacy Only

This Privacy Notice applies only to information collected through our website and does not address our privacy practices with respect to any personally identifiable information 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.

Your Consent

By using our website, you acknowledge our website’s Privacy Notice and consent to the activities related to the collection, processing and use of personally identifiable information described herein.  By submitting your e-mail address, you agree to be contacted by Fairway Capital and its affiliates.  You may withdraw your consent for such activities at any time by contacting us using the methods described at the end of this Privacy Notice.

Legal Basis for Processing

As applicable, and in accordance with the European Union’s General Data Protection Regulation (“GDPR”), we rely on our legitimate business interests, contractual obligations, legal obligations and/or your consent in maintaining business relationships, communicating about Fairway Capital’s business and performing other business services as the basis for collecting and processing your personally identifiable information.

What Are Your Rights?

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 (“CCPA”), 2020

  • The right to be informed about what personally identifiable information is being processed and the rationale for the processing;
  • The right to know whether and to whom your personally identifiable information is sold or disclosed and to opt out of the sale, if applicable;
  • The right to access (i.e. view or request copies of) your personally identifiable information that is being processed;
  • The right to request that we delete your personally identifiable information 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 personally identifiable information is being processed and the rationale for the processing;
  • The right to access (i.e. view or request copies of) your personally identifiable information that is being processed;
  • The right to request that we rectify personally identifiable information if it is inaccurate or out of date;
  • The right to request that we delete your personally identifiable information (the right to be “forgotten”) under certain circumstances;
  • The right to restrict processing of your personally identifiable information 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 personally identifiable information 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 personally identifiable information to a third party in certain circumstances.

Should you wish to lodge a complaint with regards to how your personally identifiable information has been processed by us, please contact the applicable supervisory authority which will vary based on jurisdiction, but generally include the following for individuals protected by the GDPR:  https://edpb.europa.eu/about-edpb/board/members_en and for  individuals protected by the CCPA, can be reported to the Office of the Attorney General of California at oag.ca.gov/report or by calling 800-952-5225.

Security

Fairway Capital has implemented appropriate procedural and technical security measures to help protect your personally identifiable information against loss and to safeguard your personally identifiable information 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 personally identifiable information.  Although we employ certain safeguards to protect your personally identifiable information, we cannot guarantee the security of any information or data transmitted to or through our website; any transmission of information or data by you to or through this website is at your sole risk.

If you would like to request more information regarding the procedural and technical safeguards we have in place, please contact us using the methods contained at the end of this Privacy Notice.

Retention

Your personally identifiable information will be retained for as long as you are one of our business contacts, or longer as required by applicable law.  Your personally identifiable information may be deleted when it is no longer relevant or when you withdraw consent (pursuant to the rights detailed above which may be exercised by using the contact information contained at the end of this Privacy Notice), 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.

Notice of Breach

Depending on the applicable data protection law, Fairway Capital may be required to notify you or the appropriate authority in the event of a breach.  Various jurisdictions that have enacted data protection laws may require different procedures in the event of a breach of your personally identifiable information, including with regard to notification to certain regulators or agencies and the individual; in each case and in the event of such a breach to your personally identifiable information, we will follow the laws of the applicable jurisdiction.

Changes to our Privacy Notice

If we decide, in our sole discretion, to change our privacy policies to reflect changes in our practices with respect to the processing of personally identifiable information or changes in applicable law, we will update the Privacy Notice.  This Privacy Notice was last modified in May 2020.  Future changes to this Privacy Notice will similarly be posted to this website; however, we will use personally identifiable information only in accordance with the Privacy Notice under which such information was collected.

Contacting Us

If there are any questions regarding this Privacy Notice, or to make a request regarding such personally identifiable information pursuant to one of the rights enumerated above, you may contact us using the information below.

Fairway Capital Management LLC
20 N. Wacker Dr.
Suite 2240
Chicago, IL 60606
(872) 250-1260
info@fairwaycapm.com

If you would like to contact us by telephone without incurring telephone charges, please submit your request and telephone number through the Contact Us form, and we will call you on the following business day.  We may require additional information prior to completing any such rights request, but will in any case respond in a timely manner to any request, including, if necessary, a response notifying you that additional time is required to complete such request.