Cherrytree Group, LLC

The Cherrytree Group is committed to protecting the privacy of our clients and partners. This page describes these efforts, as well as explains our policies and procedures regarding client privacy. 

Cherrytree may amend this notice from time to time without prior notification to intended recipients. This notice was last updated on 17 August 2021. 

This notice applies not just to the Cherrytree Group, LLC but also to our affiliated companies: CTG Holdings, LLC, Cherrytree Investment Management, LLC, and Hampton Financial Partners, LLP.

Applicability of this Privacy Notice

This notice describes how we use personal data of individuals and companies located in the United States of America: our principal area of business activity. It applies to recruitment applicants, former employees, professional contacts, visitors to our Website, or others with whom we may communicate. 

How we obtain your information

We may collect personal information from you when you use our Website or otherwise engage in communication with us including, for example, submitting an employment application, or when you (or any entity you represent) enter into a contractual relationship with us, including, for example, as an employee, client or service provider.

We collect information about you from a variety of sources, which may include:

      • any documents submitted to us, including any application forms
      • our communication or correspondence with you, such as when you contact us by letter
      • telephone, email or any other means of electronic or personal communication
      • your use of our Website, which we will explain in later sections of this policy statement

Our use of your information

We process your information because it may be required for contractual or operational reasons, because it may be required by applicable laws or regulations, in our legitimate interests in order to comply with other applicable laws and regulations or for operational business purposes or in order to review and process employment applications, or on the basis of your consent.

We may share your information with staff within our company, with our third party business partners, business associates, subcontractors and other third parties for the purposes set out below.

      • Within the Cherrytree Group (and by extension its affiliated entities referenced above) as well as to our third party service providers: We may disclose your personal information to third parties, including our affiliates, subcontractors, agents and any person who provides professional, legal, tax or accounting services to Cherrytree. All such third parties are required to maintain the confidentiality of such information to the extent they receive it.
      • Potential buyers, transferees, merger partners or sellers: We may disclose your personal information to a potential buyer, transferee, or merger partner or seller and their advisers in connection with any actual or potential transfer or merger, sale, acquisition, assignment, transfer, or other disposition of part or all of Cherrytree’s business or assets, or any associated rights or interests, or to acquire a business or enter into a merger with it.
      • Legal reasons: We may also disclose your personal information or any portions thereof (a) as required by, or to comply with, applicable law, regulation, court process or other statutory requirement; and (b) to respond to requests from any regulatory, supervisory or governmental authorities

security and retention of DATA

We take the protection of your personal information seriously, and have security measures, controls and policies in place to protect such data.

We will hold your personal information on our systems for the longest of the following periods:

      • as long as is necessary for the relevant activity,  or as long as is set out in any relevant agreement you enter into with us;
      • the length of time it is reasonable to keep records to demonstrate compliance with professional or legal obligations;
      • any retention period that is required by law; or
      • the end of the period in which litigation or investigations might arise with respect to your use of our Website or the services that we provide to you.

YOUR RIGHTS AS YOU INTERACT WITH US

Data protection laws may provide you with rights to access data, as well as rights for data to be erased, corrected, used for only limited purposes, not used at all, or transferred to you or a third party.

You may have the following rights under data protection laws:

      • Right of subject access: The right to make a written request for details of personal data about you held by the Cherrytree Group, LLC and a copy of that personal data.
      • Right to rectification:  the right to have inaccurate information about you rectified.
      • Right to erasure (‘right to be forgotten’):  The right to have certain personal data about you erased.
      • Right to restriction of processing:  the right to request that your personal data is only used for restricted purposes.
      • Right to object:  the right to object to the use of personal data.
      • Right to data portability:  the right to ask for personal data you have made available to us to be transferred to you or a third party in machine-readable formats.
      • Right to withdraw consent:  the right to withdraw any consent you have previously given us to handle your personal data. If you withdraw your consent, this will not affect the lawfulness of Cherrytree Group’s use of your personal data prior to the withdrawal of your consent.

These rights are not absolute: they do not always apply and exemptions may be applicable. We may, in response to a request from you ask you to verify your identity and to provide information that helps us to understand your request better. If we do not comply with your request, we will explain why.

To exercise any of these rights, or if you have any other questions about our use of your information, please email us at: info@cherrytree-group.com

WEBSITE PRIVACY

We are committed to respecting the privacy of the personal information of the individuals with whom we interact. By accessing or using the Website or providing any personal information on the Website or otherwise to us, you are consenting to your personal information being collected, processed, used and shared, and our use of Website tracking codes, also known as cookies.

DISCLAIMER; NO OFFER, SOLICITATION or ADVICE

You acknowledge that: 

      • We are a financial services firm specializing in the consulting, brokering, and/or syndicating US. Federal and state tax credits used for real estate development and/or as an investment. We are not available to provide investment advisory or similar services in other financial service areas;
      • Under no circumstances should any information presented on the Website be used or construed as an offer, or solicitation of any offer, or other form of invitation or inducement, to sell or buy any tax credits, real estate, securities, fund (which hereinafter refers to the “Preserve & Renew (P&R) Tax Credit Equity Funds”) or other investments, or to provide a forecast, research or advice regarding investments or strategies;
      • Within this Website we do not give any advice or make any representations as to whether any investment, investment strategy or investment style is suitable for you or will be profitable or avoid losses, or is available, appropriate or suitable in all countries or other locations or for all investors:
      • we make reasonable efforts to provide accurate content on the Website, but we may not update or correct the Website even if we are aware that it is inaccurate, outdated or otherwise inappropriate:
      • you agree that we are not liable for any action you take or decision(s) you make in reliance on any content.

ALL CONTENT AVAILABLE ON OR THROUGH THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY.  NOTHING ON THE WEBSITE IS INTENDED TO BE, AND YOU SHOULD NOT CONSIDER ANYTHING ON THE WEBSITE TO BE, INVESTMENT ADVICE; DIRECTION OR RECOMMENDATION FOR REAL ESTATE PURCHASE(S), DEVELOPMENT, OR SALES; NOR SHALL ANYTHING ON THE WEBSITE BE CONSTRUED TO BE ACCOUNTING; TAX OR LEGAL ADVICE.  IF YOU WOULD LIKE TO RECEIVE SUCH ADVICE, YOU SHOULD CONSULT WITH YOUR OWN FINANCIAL ADVISORS, ACCOUNTANTS OR ATTORNEY REGARDING YOUR INDIVIDUAL CIRCUMSTANCES AND NEEDS.

Proprietary Rights

All of the Website, including the look and feel, design and organization of the Website and the compilation of the Content (each of which, for the avoidance of doubt, are also included in the term the “Website”) is protected by one or more U.S. and international copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by Cherrytree and/or third parties. Your use of the Website does not grant to you ownership of, or rights to anything you may access on the Website.

Limited License

You may access and view the Content on the Website on your computer or other internet compatible device and make limited copies of limited excerpts of the Content on the Website for your personal informational and non-commercial use only.  You may only discuss the information that you learn from the Website with your financial advisors, accountants or attorneys, and others with whom you evaluate investment decisions.

Prohibited Use

You shall not modify, distribute, transmit, perform, reproduce, publish, license, exploit, create derivative works from, transfer or sell any of the Website or any Content accessed from the Website unless you have received the express written prior permission of Cherrytree Group (and by extension its affiliated entities referenced above) and the applicable rights holder.  You may not decompile, disassemble or otherwise reverse engineer all or any portion of the Website.  You shall not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Website.

Trademarks

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or on Content available through the Website, including Cherrytree Group, www.cherrytree-group.com; Hampton Financial Partners, www.hamptonfinancialpartners.com;; and other indicia of Cherrytree Group and its products and/or services, are registered and unregistered trademarks of ours and others and shall not be used in infringement of applicable rights.  Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without the express prior written permission of Cherrytree and the applicable rights holder.

Security

You are solely responsible for the security of your computer system, including, using and maintaining appropriate anti-virus, firewall and backup software. The Cherrytree Group, LLC disclaims any responsibility or liability for any problem with your computer systems, including any Malware (as defined below) that your computer systems receive as a result of your use of the Website. “Malware” means: (i) program code or programming instruction or set of instructions that disrupt, disable, harm, interfere with, otherwise adversely affect or without authorization access or delete any computer program, information, data, file or operation; or (ii) other code typically described as being malware, a virus, a Trojan horse, a worm, a backdoor or the like.

Monitoring, Reporting and Other Actions

We may monitor and record activity on the Website for any reason or for no reason.  We may investigate any complaint or reported violation of our policies. We may report any activity that we suspect may violate law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate without notice. We may issue warnings, suspend or terminate use of the Website, deny access to all or part of the Website or take any other action that we deem appropriate without notice. We have the right to terminate, change, suspend, impose limits on or discontinue any aspect of the Website or the Website’s services, or your access to or use thereof, at any time, and for any reason or no reason without notice.

LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WHATSOEVER SHALL WE OR ANY OF THE OTHER PROTECTED PERSONS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING LOST BUSINESS, SALES, SAVINGS OR PROFIT (WHETHER IN CONTRACT, OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), IN EACH CASE, ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY CONTENT, EVEN IF SUCH PROTECTED PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SO TO THE EXTENT MANDATED BY SUCH LAWS, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.  THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE TO SURVIVE AND REMAIN IN FORCE NOTWITHSTANDING ANY REMEDY’S FAILURE OF ITS ESSENTIAL PURPOSE.

Prohibited Conduct

You warrant and agree that, while accessing or using the Website, you shall not: 

      • obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Website through any means, including through means not intentionally made publicly available or provided for through the Website; 
      • engage in spidering, “screen scraping,” “database scraping,” or any other automatic or unauthorized means of accessing, logging-in or registering on the Website, or obtaining lists of users or other information from or through the Website, including any information residing on any server or database connected to the Website; 
      • use the Website in any manner that could interrupt, damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website, including sending mass unsolicited messages or “flooding” servers with requests; 
      • use the Website in violation of the Cherrytree Group’s or any third party’s intellectual property or other proprietary or legal rights; 
      • use the Website in violation of any applicable law or these Terms; 
      • attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or its services; or 
      • delete any content on the Website.

Linking to the Website

You agree not to link directly to any page, image, graphic, text or other Content on the Website, such as using an “in-line” linking method, to cause any Content to be displayed on another web site, unless expressly permitted by us in writing.  You agree not to download or use images, videos or graphics hosted on this Website for any purpose, including posting such images on another web site, unless expressly permitted by us in writing. You agree not to link from any other web site to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third-party content, materials, advertising or branding.  We may require that any link to the Website be discontinued, and/or revoke your right and ability to link to the Website from any web site at any time.

Third-Party WebSites

If there are any links from the Website to third party web sites or any third-party web sites link to the Website (“Linked Sites”), such links do not constitute an endorsement or sponsorship by us of such sites or any of the contents of Linked Sites and we have no responsibility whatsoever for anything on Linked Sites. Any use of or reliance on a Linked Site is done at your own risk and you assume all responsibilities and consequences resulting from such use or reliance.

 

DISCLAIMER OF WARRANTIES

THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES. WE, OUR FUNDS (WHICH HEREIN REFERS TO THE “PRESERVE & RENEW TAX CREDIT EQUITY FUNDS”) AND OUR AND THEIR DIRECTORS, OFFICERS, MANAGERS, ADVISORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS  OR LICENSORS (ALL THE FOREGOING COLLECTIVELY, THE “PROTECTED PERSONS”) DO NOT WARRANT THAT THE WEBSITE OR THE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, COMPLETE OR ERROR FREE OR WILL MEET USERS’ REQUIREMENTS, OR THAT DEFECTS OR ERRORS WILL BE CORRECTED.  NO RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE OR ANY CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  CHERRYTREE GROUP, LLC AND THE OTHER PROTECTED PERSONS ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR MALWARE THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER CONTENT FROM THE WEBSITE.

Indemnification

You agree to indemnify, defend and hold harmless each of the Protected Persons from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to:  (a) your access to or use of the Website or any content; (b) your breach of any provision of these Terms; (c) your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights; or (d) any claim asserted by a third party which, if proven, would place you in breach of any representation, warranty, covenant or other provision of these terms.

Contacting the Website

If you have any questions relating to the Website, or if you would like to submit a complaint or other report to us, please contact us at: info@cherrytree-group.com.

Governing Law

These Terms shall be construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its choice of law provisions.

BY VISITING OUR WEBSITE:

BY ACCESSING THE WEBSITE YOU ACCEPT IN THEIR ENTIRETY ALL TERMS OUTLINED ABOVE AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND AGREE TO THE TERMS AND PROVISIONS OF THESE TERMS.