Privacy & Cookie Policy - DCL Healthcare Properties Inc.

Site, Privacy and Cookie Policies

TERMS AND CONDITIONS OF USE

General

Welcome to the website (“DCLHCP Website”) of The DCLHCP Real Estate Group of Companies, LLC (“DCLHCP”). Please carefully review these terms and conditions (“Terms of Use”), the Privacy Policy, and the terms and conditions on the DCLHCP Website that govern particular offers or features (“Additional Terms and Conditions,” together with these Terms of Use and the Privacy Policy, form the “Agreement”) all of which collectively govern your use of and access to all of the DCLHCP Website and any and all content, data and information contained therein. YOUR USE OF THE DCLHCP WEBSITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY DCLHCP, IN ACCORDANCE WITH THIS AGREEMENT. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THESE TERMS OF USE, THE PRIVACY POLICY AND THE ADDITIONAL TERMS AND CONDITIONS, THE FOLLOWING ORDER OF PRECEDENCE SHALL CONTROL: (1) TERMS OF USE, (2) PRIVACY POLICY AND (3) ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS DCLHCP WEBSITE.

Structure of The DCLHCP Real Estate Group of Companies, LLC.

This DCLHCP Website is offered by The DCLHCP Real Estate Group of Companies, LLC, a group of separate, legal entities that own The DCLHCP Real Estate Group of Companies, LLC and may also be affiliates of each other, share some common ownership or have been sponsored by DCLHCP Real Estate Investment Corporation. Each entity that is part of The DCLHCP Real Estate Group of Companies, LLC is a separate legal entity and no legal or financial relationship is to be implied between or among any entities on this DCLHCP Website. The products and services included on this DCLHCP Website may be offered by any of the entities that are part of The DCLHCP Real Estate Group of Companies, LLC. Please note that these products and services may change at any time. In addition, there may be eligibility or suitability requirements for these products and services and they may not be available in all geographic areas.

Modifications of This Agreement

DCLHCP reserves the right to change, modify, amend and/or update this Agreement at any time with or without prior notice. Your use of this DCLHCP Website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Agreement as so changed, modified, amended and/or updated. You are responsible for reviewing this Agreement each time you use or access any DCLHCP Website.

Links

DCLHCP is not affiliated or associated with the sponsors, owners or producers of any third party websites linked to or from this DCLHCP Website. These linked sites are not under our control and DCLHCP explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third party sites. DCLHCP does not endorse and has not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third party sites. DCLHCP does not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third party site.

Solely Intended for United States Users

Unless otherwise explicitly specified on the DCLHCP Website, the information on all of the DCLHCP Website is intended solely for use and access by persons residing in the United States, its territories and possessions. DCLHCP controls and operates its Website from offices located in the Untied States and makes no representations or warranties that the information, products or services contained on the DCLHCP Website is appropriate for use or access in other locations. Anyone using or accessing any of the DCLHCP Website from other locations do so on their own initiative and are responsible for compliance with local United States laws, if and to the extent applicable.

Use

The DCLHCP Website and its contents are intended solely for personal use. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of this DCLHCP Website are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by DCLHCP or by third parties who have licensed their materials to DCLHCP and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on this DCLHCP Website is the exclusive property of DCLHCP or its licensors and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from any DCLHCP Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.

User IDs/Passwords

Use of certain features on the DCLHCP Website might be limited and/or require registration. DCLHCP will review and determine, in DCLHCP’s sole discretion, whether to accept your registration. DCLHCP shall have the right, in its sole discretion, to refuse or restrict anyone from access to the DCLHCP Website(s) at any time for any reason. Upon acceptance of your registration by DCLHCP, you will be given your user ID and password (collectively “Password”) for access to and use of the applicable portion of the DCLHCP Website.

DCLHCP reserves the right to require you to periodically change your Password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else’s Password. You agree to notify DCLHCP immediately about any unauthorized use of your Password or any breach of security. You further agree that DCLHCP shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than DCLHCP.

Disclaimer

THIS DCLHCP WEBSITE IS PROVIDED BY DCLHCP ON AN “AS IS” AND “AS AVAILABLE” BASIS. DCLHCP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS DCLHCP WEBSITE OR THE INFORMATION INCLUDED ON SUCH DCLHCP WEBSITE. DCLHCP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. DCLHCP DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS DCLHCP WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DCLHCP WEBSITE OR THE SERVER THAT MAKES THE DCLHCP WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. DCLHCP DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS DCLHCP WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS DCLHCP WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL DCLHCP OR ANY OF ITS SHAREHOLDERS, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS DCLHCP WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DCLHCP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT DCLHCP, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL DCLHCP BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT.

User Submissions, Postings and Email Communications

All submissions, postings and email communications to or through the DCLHCP Website shall be subject to the DCLHCP Policy Regarding Submissions, Postings and Other Communications, which is incorporated into this Agreement by this reference.

Online Copyright Infringement Notification Policy

If you believe that this DCLHCP Website(s) contains materials that constitute copyright infringement, please notify DCLHCP in accordance with our Online Copyright Infringement Notification Policy.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD DCLHCP AND ITS SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THIS DCLHCP WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.

Terms and Termination

DCLHCP shall have the right to terminate your access to, and use of, the DCLHCP Website immediately, if, in its sole discretion, DCLHCP believes that your conduct fails to conform with this Agreement. DCLHCP also reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting or emails you make or send to the DCLHCP Website.

Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of the DCLHCP Website(s); and (b) as applicable, pay any amounts owed to DCLHCP in full within thirty (30) days from the date of such termination.

Commencement of Actions

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS DCLHCP WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

Miscellaneous

The failure of DCLHCP to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit DCLHCP’s rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. DCLHCP may assign its rights and duties hereunder to any party at any time without any notice to you. This Agreement may not be assigned by you without DCLHCP’s prior written consent. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Forward-Looking Statements

This Agreement and the documents incorporated by reference herein, if any, may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such statements are based on management’s current expectations and assessments of risks and uncertainties and reflect various assumptions concerning anticipated results, which may or may not prove to be correct. Some of the factors that could cause actual results to differ materially from estimates or projections contained in such forward-looking statements include the pattern of brand sales, including variations in sales volume within periods; competition within the relevant product markets, including the ability to develop and successfully introduce new products, ensuring product quality, pricing, promotional activities, introduction of competing products and continuing customer acceptance of existing products; loss of distributorship rights; risks inherent in acquisitions and strategic alliances; the loss of one or more key employees; the effects of a prolonged United States or global economic downturn or recession; changes in costs, including changes in labor costs, raw material prices or advertising and marketing expenses; the costs and effects of unanticipated legal or administrative proceedings; and variations in political, economic or other factors such as currency exchange rates, inflation rates, tax changes, legal and regulatory changes or other external factors over which DCLHCP has no control. DCLHCP has no obligation to update any forward-looking statement in this Agreement or any incorporated document.

Privacy Policy

General

Welcome to the website (“DCLHCP Website”) of The DCLHCP Real Estate Group of Companies, LLC (“DCLHCP”). This Privacy Policy (“Privacy Policy”) only applies to information collection and use practices on the DCLHCP Website. This Privacy Policy is subject to the Terms and Conditions of Use.

Links

There might be links from the DCLHCP Website or portals on the DCLHCP Website to other websites. This Privacy Policy only applies to the DCLHCP Website and not to websites of any other company or organization linked to or through the DCLHCP Website, which may have different policies. DCLHCP encourages you to review all policies, rules, terms and regulations, including the privacy policies, of each website that you visit.

Gathering, Modifying and Removing Information

DCLHCP may request and/or collect personal information on the DCLHCP Website that you might elect to provide to DCLHCP (“Personal Information”) when, via the DCLHCP Website, you: (a) contact DCLHCP; (b) use DCLHCP’s services; and/or (c) send requests for information, questions, inquires, or comments to DCLHCP. You are not required to provide Personal Information to access the DCLHCP Website. Personal Information may include: (a) contact information (e.g., name, address, phone number and email address); (b) information regarding certain of your preferences related to DCLHCP or the DCLHCP Website; and/or (c) information regarding how you became aware of the DCLHCP Website.

If you would like to review, correct or remove your Personal Information, please contact DCLHCP at the address listed below under “Contact DCLHCP.” DCLHCP will then make all reasonable efforts to correct or remove your Personal Information from the DCLHCP active database.

Gathering Anonymous Information

DCLHCP might collect non-personal and aggregate information about your and other users’ use of the DCLHCP Website, such as page hits, number of visits, web pages viewed and the length of visits to the DCLHCP Website (collectively, “Non-Personal Information”). DCLHCP does not tie this Non-Personal Information to your Personal Information.

Use and Disclosure of Information

The Personal Information that you provide will be available to DCLHCP, our agents, representatives and service providers and contractors, as appropriate, to be used to respond to your inquiries or questions about DCLHCP and for the purposes indicated or which may reasonably be inferred by your voluntary provision of such Personal Information and otherwise in connection with the conduct of the DCLHCP business and operations. This use may include periodic telephone calls and postal and email mailings from DCLHCP about new products, services or upcoming events offered by DCLHCP. DCLHCP does not, however, sell or furnish Personal Information to unaffiliated third parties to use in advertising or promoting their products or services, without your permission.

DCLHCP may also use your Personal Information, alone or in combination with the information submitted by other users, to improve DCLHCP Website’s navigation or infrastructure. Also, DCLHCP may use Non-Personal Information to improve your experience on the DCLHCP Website and to enhance the DCLHCP Website. Third party contractors or providers of services to DCLHCP that have access to your Personal Information are also expected to protect such Personal Information in a manner consistent with this Privacy Policy and to use such Personal Information only to carry out the activities or services they are performing for you or for DCLHCP.

DCLHCP might disclose Personal Information and Non-Personal Information, if in our opinion such disclosure is required: (a) by law; (b) to protect and/or defend DCLHCP’s rights; and/or (c) to protect the personal safety of any individual. In addition, in the event that all or substantially all of DCLHCP’s ownership and/or assets are transferred or sold to, or DCLHCP is merged with, another entity, or there is a change of control of DCLHCP, DCLHCP may transfer Personal Information and Non-Personal Information to the successor entity.

Internet Communications

Communications and submissions over the Internet might not be secure. Please consider this fact before communicating or submitting any personal or confidential information through the DCLHCP Website.

Changes

DCLHCP reserves the right to change, modify, amend and/or update this Privacy Policy at any time with or without prior notice at the sole and absolute discretion of DCLHCP. Your use of the DCLHCP Website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Privacy Policy as so changed, modified, amended and/or updated. You are responsible for reviewing this Privacy Policy each time you use or access the DCLHCP Website.

Contact DCLHCP

The DCLHCP Real Estate Group of Companies, LL

admin@dclhcp.com

DCLHCP POLICY REGARDING SUBMISSIONS, POSTINGS AND OTHER COMMUNICATIONS

Submissions

All remarks, suggestions, ideas, graphics, or other information communicated by you to DCLHCP through the DCLHCP Website (collectively, the “Submission”) will forever be the property of DCLHCP and you waive all of your rights, including but not limited to moral rights, therein if applicable, provided that you will continue to be responsible for the content of the Submission including, without limitation, any indemnification obligations related to such Submissions. DCLHCP will not be required to treat any Submissions as confidential (unless required by law or if DCLHCP has agreed to treat it as confidential in other documentation), and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future DCLHCP operations. Without limitation, DCLHCP will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere and will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. DCLHCP retains the right to review, edit or delete from the DCLHCP Website any Submission which DCLHCP in its sole discretion considers illegal, offensive, in violation of a third party right or otherwise inappropriate.

Email and Other Communications

In connection with your use of the DCLHCP Website, you consent to DCLHCP recording any communication, electronic or otherwise, between you and DCLHCP and retaining any information and data you submit while using the DCLHCP Website.

In using the DCLHCP Website, you may be permitted to communicate electronically with DCLHCP by sending electronic mail to DCLHCP; however, you acknowledge and agree that only general information or inquiries may be submitted to DCLHCP via electronic mail and any other submissions or communications on or through the DCLHCP Website (e.g., the placement of orders) may be submitted only in accordance with the express instructions set forth on the DCLHCP Website for such submissions or communications. Please do not send any time-sensitive communications to DCLHCP via e-mail as DCLHCP cannot be responsible for responding to any such communications.

Investigations

DCLHCP may seek to gather information from the user who is suspected of violating this Agreement, and from any other user. DCLHCP may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If DCLHCP believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. DCLHCP will fully cooperate with any law enforcement authorities or court order requesting or directing DCLHCP to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate this Agreement. YOU WAIVE AND HOLD HARMLESS DCLHCP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DCLHCP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DCLHCP OR LAW ENFORCEMENT AUTHORITIES.

ONLINE COPYRIGHT INFRINGEMENT NOTIFICATION POLICY

If you believe that the DCLHCP Website contains materials that constitute copyright infringement, please notify us at admin@dclhcp.com

Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to our Designated Agent must be in the form of a written communication that includes the following information:

Your address, telephone number and e-mail address;
Identification of the copyrighted work (or works) that you claim has been infringed;
A description of the material that you claim is infringing the copyrighted work;
A clear description of where the infringing material is located on the DCLHCP Website, including its URL, so that DCLHCP can locate the material;
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.

Cookie Policy

Our website www.dclhcp.com (the “Website”) uses cookies to remember your preferences and help you obtain the right information. This website is owned and maintained by DCL Healthcare Properties Inc.

1. What are cookies? Our website uses cookies. Cookies are small text files that are stored on your computer (or internet enabled device) by websites you visit. They are widely used in order to make websites work efficiently and to enable the website owner to analyse the use of the website.

2. Why does DCL use cookies? Our websites use cookies to enable us to provide you with a better service when using our website. This is predominantly relevant for those using the investor log in portal.

3. What cookies does DCL use?

We use the following cookies:

Strictly necessary cookies – these are used in relation to the investor log in and portal and allows us to see the individual users use of this part of the website and the information they have viewed. These will only apply if you log in or attempt to log into the investor section of our website.

Performance cookies: these are used to collect anonymous information about how our website is used.

Cookie	Name	Purpose
Google Analytics	_ga _gad _gat	We use Google Analytics cookies to collect aggregate statistical information on the number of users accessing the Website and how they use it, including how they access the Website, the length and frequency of visits and pages viewed. We use this information to create reports and improve the Website. For more information about Google Analytics cookies please click here: https://www.google.com/policies/technologies/types/. To learn more about how we use Google Analytics please refer to our Privacy Policy. You can prevent transmission of the data created by Google Analytics cookies to Google and processing of this data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl+en.

4. Cookie acceptance

By using this website after accepting the cookie notice that appears when you first visit, or by browsing our Website after having been presented with this notice, you agree to the placement of cookies on your computer (or internet enabled device) in accordance with the terms of this Cookie Policy. If you do not wish to consent then please do not continue to use our website.

The “Help” section on the menu bar of most internet browsers will tell you how to prevent your browser from accepting new cookies, how to make the browser notify you when you receive a new cookie and how to disable cookies altogether. Please note that certain features of the Website may no longer be available to you if you disable cookies.

You also can manage your cookies preferences using the following links for some of the most popular internet browsers:

Internet Explorer – https://www.microsoft.com/info/uk-en/cookies.mspxb

Google Chrome – https://support.google.com/chrome/bin/answer.py?hl=en-GB&answer=95647&p=cpn_cookies

Firefox – https://support.mozilla.org/en-US/kb/Blocking%20cookies

Safari – https://support.apple.com/kb/ph19214?locale=en_US

Opera – https://www.opera.com/help/tutorials/security/privacy/

To find out more about using your browser settings to control cookies please visit: www.allaboutcookies.org

5. Third party websites

Our website links through to third party websites which may also use cookies over which we have no control. We recommend that you check the relevant third party’s privacy policies for information about any cookies which may be used.

6. Changes to this policy

We may change our cookie policy from time to time. When we change our policy we will publish the updated policy on our website. Please therefore check it regularly. Subject to all applicable law, all changes will take effect as soon as we publish the new Cookie Policy, but where we have already collected information about you and/or where legally required to do so, we may take additional steps to inform you of any material changes to our Cookie Policy and may request that you agree to these changes.

7. How to contact us

If you have any questions in relation to this Cookie Policy you may contact us at: admin@DCLHCP.com

Please refer to the ICC’s Cookie guide available here https://www.cookielaw.org/media/1096/icc_uk_cookiesguide_revnov.pdf

March 2018