Pendulum Holdings, LLC and its subsidiaries and affiliates, including Pendulum Opportunities LLC, an investment adviser registered with the U.S. Securities and Exchange Commission,  (collectively referred to herein as “Pendulum,” “our,” “us” or “we”) collects and processes personal information (which we define below) about you from your visiting the pages of and use of this website (collectively the “Site”).  The privacy policy for this Site (“Privacy Policy”) explains how we collect personal information, how we use your personal information, how we protect personal information, and how you can contact us if you have any questions or concerns about the personal information we store about you.  “Personal Information” means information, regardless of the media in which is contained, that is or can be uniquely associated with an identified or identifiable individual, such as name, email address or phone number. 

If you provide personal information to us about any person other than yourself, you must ensure that the other person understands how their information will be used. You may only provide us with that person’s details with their consent and after they have been given access to information about how we will use their details, including the purposes set out in this Privacy Policy.

If you visit this Site, you should review this Privacy Policy carefully and in conjunction with the Terms of Use, which detail other important information surrounding your use of the Site.  By visiting this Site you accept the Privacy Policy practices described below.

When you visit the Site, you may provide us with certain information about yourself and others.  If you choose to send us an email inquiry through the use of our Contact Us email, you will be providing your name, email address and a written message, which may or may not refer to other persons.  In these instances, we will use the information you have provided to maintain our business records, communicate with you regarding your inquiry and comply with applicable law.

If you send us an inquiry using the Contact Us email address for Pendulum, we may share your name, email and message with:

• Email archiving and other IT service providers;
• Providers of advisory services, including legal advisors and accountants and other third-party service providers depending on the nature of your inquiry; and
• Parties as permitted by law.

We do not, and will not, sell personal information collected about you.

Pendulum has implemented appropriate physical, procedural and technical security measures to help protect your personal information against loss and to safeguard your personal information against access by unauthorized persons.  Although we employ these safeguards to protect your personal information, we cannot guarantee the security of any information or data transmitted via the Internet (e.g. via email); any transmission of information or data by you to or through this Site is at your sole risk.

To the extent any links to third party websites are included on this Site, this Privacy Policy does not apply to such websites.  Pendulum neither owns nor controls third party websites accessible via this Site.  As such, before visiting any third-party website and before providing any personal information to any third party, you should understand the privacy practices of the third party responsible for such websites.  Any such links are provided for your convenience only and you access them at your own risk.

This Site is not intended for and we do not knowingly collect any personal information via the Site from children under the age of 13.  If we become aware that an individual submitting information through the Contact Us email is under 13, we will attempt to delete the information as soon as possible.

Pendulum may amend this Privacy Policy from time to time for any reason, in our sole discretion, without notice, to reflect changes in our practices in relation to personal information collected through this Site, changes in applicable law and to reflect the requirements of data protection and privacy regulations to which we may become subject to in the future.  Changes to this Privacy Policy will be posted to this page of the Site and you should periodically review it for changes that may be applicable to you.  Additionally, by accessing this Site subsequent to any change, you are deemed to have agreed to all the terms of this Privacy Policy as modified or amended.

Please direct any questions regarding this Privacy Policy to [email protected].

Dated: March 1, 2022