Lewis Real Estate Investments, LLC bda Real Growth Capital (“RGC,” “we,” or “us”) is committed to maintaining your privacy. In order to protect your personal information, we have implemented the following Privacy Policy with provisions that apply to the collection, use and disposal of data by RGC, its subsidiaries, and its affiliates. RGC maintains physical, electronic and procedural safeguards to guard the collection, utilization, maintenance and disposal of non-public personal information of our Investors (as defined below). Such safeguards are designed to enable us to operate in compliance with statutes and regulations that apply to its business, this Site (as defined below) and the Services (as defined below) (“Applicable Law”). Our Privacy Policy discloses the type and nature of information we collect and how we use it and, when applicable, dispose of it, as well as the choices you can make about the way your information is collected and used.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. PLEASE READ THE SECTION BELOW ENTITLED “YOUR CONSENT” TO LEARN WHAT CONSTITUTES “CONSENT” UNDER THIS PRIVACY POLICY. IF YOU DO NOT CONSENT TO THIS PRIVACY POLICY, PLEASE REFRAIN FROM USING OUR SITE.

Who We Are and What We Do

We provide financial technology through our website, www.RealGrowthCapital.com (the “Site”), that connects Investors and real estate companies and facilitates the financing, acquisition, development, leasing, management, servicing and reporting of real estate and real estate projects for Investors and real estate companies (the “Investment Related Services”).

In addition to the Investment Related Services, designed to facilitate exchanges and process transactions, we also intend to offer a forum or forums to allow Investors and real estate company representatives to discuss real estate and related matters (the “Social Community,” together with the Investment Related Services, the “Services”).

Types of Users

“Accredited Investor” means any Investor who has indicated, and RGC has made reasonable efforts to confirm or verify (as the case may be), that they meet the definition of an “accredited investor” contained in Rule 501 of Regulation D promulgated under the Securities Act of 1933. “Investors” means, collectively, (i) Prospective Investors and (ii) Accredited Investors. “Registered User” means any Site Visitor who has completed the registration process at our Site. “Prospective Investor” means any Registered User who is not or has not yet been confirmed or verified as an Accredited Investor. “Site Visitor” means any person who visits our Site. “Sponsors” means any Registered User who submits information regarding a real estate company or Project. “User” means any Site Visitor, Investor, Sponsor or Registered User.

Your Consent

You indicate your consent to this Privacy Policy in different ways, depending on your relationship to the Site. By accessing and using our Site as a Site Visitor, you are acknowledging that you have read and understood this Privacy Policy and consent to it. If you become a Registered User, during the registration process you will be asked to confirm that you have reviewed this Privacy Policy and that you consent to it.

Information We Collect

Information you may provide while visiting our Site or while participating in our Services falls into two broad categories: (i) Personally Identifiable Information, and (ii) Anonymous Information. “Personally Identifiable Information” means any information that could reasonably be used to identify you, including your name, address, e-mail address, birth date, financial information, cell or land-line phone number, or any combination of information that could be used to identify you. “Anonymous Information” is information that does not identify you and may include statistical information concerning, for example, your use of our Services or the pages on the Site that you visit most frequently. Please keep in mind that our Privacy Policy does not govern information you choose to disclose on the Site to other Users, as we have no direct control over the collection or use of this information. Please use appropriate precautions in sharing your information with other Users.

A Site Visitor may review selected information about our Services without revealing his or her identity or providing any Personally Identifiable Information. It is only when you wish to become a Registered User and participate in the Social Community and utilize the Services that you are required to provide Personally Identifiable Information. Investors who wish to invest in real estate projects (“Projects”) presented on our Site must qualify as Accredited Investors and provide additional Personally Identifiable Information as described below.

Personally Identifiable Information

We obtain Personally Identifiable Information from Registered Users to provide our Services. In order to access our Services as a Registered User, you must complete a registration form which specifies the information you must provide in order to enjoy the particular features to which you wish to subscribe. The information required may include such items as name; email address; phone number; mailing address; social security number (for IRS tax reporting purposes); and birth date (for Children’s Online Privacy Protection Act and eligibility purposes) (collectively “Contact Information”). Our registration forms may additionally request information which you may, at your option, choose to provide or withhold. To the extent this additional information constitutes Personally Identifiable Information, we will treat it in the manner specified in this Privacy Policy. To qualify to invest in Projects presented on our Site, you must be an Accredited Investor and may be required to provide the Investor Financial Information described below.

Investor Financial Information

Each Investor may also be required to provide Form W-9 Information, Suitability Information, Payment Information and Accreditation Information (each as described below and collectively the “Investor Financial Information”), including but not limited to:

• Form W-9 Information: For tax purposes, each Investor may be required to provide a completed Internal Revenue Service Form W-9 which includes your Social Security Number (or Taxpayer Identification Number, where applicable) (“Form W-9 Information”).
• Suitability Information: Investors may be required to provide other information sufficient to meet regulatory “suitability” requirements for investing in a Project presented on our Site. Depending on the nature of the offering (“Suitability Information”). This will include: (i) information concerning an Investor’s net worth and historical and current income; (ii) information concerning an Investor’s investment history and risk tolerance; (iii) information concerning his or her residency; and (iv) other information we might request to determine whether an Investor qualifies for a particular investment.
• Payment Information: In order to complete an investment through our Site, an Investor may need to provide certain account and other payment information, such as information needed to make and receive payments via electronic checks (“Payment Information”). Our registration process for Investors provides additional details on the types of Payment Information needed.
• Accreditation Information: In order to complete an investment through our Site, an Investor must verify that they meet the definition of an “accredited investor” contained in Section 501 of Regulation D promulgated under the Securities Act of 1933 and provide sufficient documentation for us to take reasonable steps to verify that the Investor is, in fact, accredited (“Accreditation Information”).

How We Use Your Personally Identifiable Information

We use your Personally Identifiable Information to process your transactions and facilitate your activities with respect to our Site as set out herein. We do not disclose your Personally Identifiable Information to third parties without your express consent except in the specific circumstances identified in the Section “Sharing of User Information” below.

Required Notices: Where necessary to comply with Applicable Law, we will use Investor Financial Information for these purposes. We may use Contact Information and Investor Financial Information in a similar manner to meet these requirements. Registered Users cannot opt-out of this use of information. “Required Notices” means (i) formal notices from Regulators and (ii) other information that we provide in order to comply with Applicable Law. “Regulators” means state and federal regulators with jurisdiction over companies offering securities and this Site in accordance with Applicable Law, including, where applicable, the United States Securities and Exchange Commission. Required Notices may also include notices to Investors that are required to be provided per the terms of Projects in which they have invested or are necessary in order to effectuate the intent of those agreements.

Processing Your Transactions: We use the Personally Identifiable Information you provide to process transactions that you have authorized us to undertake, and to provide you with the Services you have requested. Registered Users cannot opt-out of this use of information.

Operation of our Site: We use your Personally Identifiable Information in the operation of our Site, and to comply with Applicable Law. You cannot participate in our Site if you seek to opt-out of these uses of your Personally Identifiable Information.

Providing You With Informal Information: Periodically, we may send you materials for informational purposes, such as notices of investment opportunities via our Site or updates concerning investments that you elected to track or participate in, and other information that does not constitute a Necessary Disclosure (collectively, “Informal Information”). Informal Information may take a range of forms, including email, newsletters, or automatic notices generated by our Site. Under this Privacy Policy (i) you will receive Informal Information only from (a) RGC and (b) affiliates or subsidiaries of RGC; and (ii) you are entitled to opt-out from receiving Informal Information. Periodically, we may choose to send news, bulletins, marketing materials, or other information to Registered Users, and will use Personally Identifiable Information to send such communications. If we choose to undertake such communications, you will have the ability to opt-out of receiving these communications as provided in the Section entitled “Changing or Removing Information; Opting Out”

Feedback, Questionnaires and Surveys: Our Site may allow Site Visitors and Registered Users to participate in surveys and/or questionnaires, which from time to time we may post on the Site. We also encourage our users to provide feedback to us about our Site and our Services. You are free to choose whether you participate in these activities. We may ask that, in addition to providing your responses, you also provide Contact Information. In these instances, we use any Personally Identifiable Information you choose to provide to us in connection with these activities strictly for the purposes for which you submit the information. We will use survey and questionnaire information – with any Personally Identifiable Information removed – for monitoring or improving the use and appeal of this Site and for other purposes (with no other obligation to you and, specifically, with no obligation to compensate you for these uses). You are not obligated to participate in any of these activities and, if you undertake these activities, you will have the ability to opt-out as provided in the Section entitled “Changing or Removing Information; Opting Out”.

Social Community Exchanges: Registered Users may choose to participate in Social Community discussions and exchanges. When a Registered User (or when we ourselves) participates in the Social Community, certain Contact Information you have provided through your registration may be associated with your comments or content. Any comments or content you contribute to the Social Community (“Submitted Content”) becomes public on your transmittal of the information, and any Personally Identifiable Information you disclose becomes available to the other participants in the discussion. Our Privacy Policy does not cover the information you disclose in such online discussions on our Site. You should use discretion in what you submit to these exchanges. You are entitled to opt-out of these uses of information. Please see the Section entitled “Changing or Removing Information; Opting Out” for instructions on opting-out.

Sharing and Transfer of User Information

RGC does not sell or rent personal information about its users for marketing purposes. We do, however, work with a number of trusted partners who perform vital functions as part of our operations such as accountants, lawyers, technology providers, lenders, and others to facilitate the operation of the company. We will share with trusted partners only that information necessary for them to perform their functions, and we require them to refrain from using your Personally Identifiable Information for any other purpose.Since we do not have direct control over the policies and practices of any of the third parties that we work with, we are not responsible for their privacy practices or contents of their sites.

Personally Identifiable Information may also be shared with or transferred to third parties in certain other limited circumstances identified below:

• We may reveal your Personally Identifiable Information to attorneys, private investigator organizations or law enforcement agencies if we believe (i) that you are in risk of harm from another, (ii) that you are harming or interfering (or will harm or interfere) with others, or (iii) that you are violating (either intentionally or unintentionally) our Terms of Use or are otherwise violating legal rights. We will take all reasonable steps to disclose only so much of this Personally Identifiable Information as is necessary, for example, we may limit the disclosure(where applicable) to Contact Information only.
• RGC will reveal your Personally Identifiable Information to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of your Personally Identifiable Information, we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.
• We may share your information with law enforcement or other government agencies as required by law or for the purposes of limiting fraud. We reserve the right to disclose your Personally Identifiable Information when we believe that disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order or legal process. We further reserve the right to disclose any Personally Identifiable Information that we believe, in good faith, is appropriate or necessary to take precautions against liability, to investigate and defend against any third party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Site or our services, or to protect the rights, property or personal safety of RGC, its users, issuers, or others.
• In the event that RGC is involved in a transaction such as a merger, stock purchase or sale, or sale of substantially all of RGC’s assets, your Personally Identifiable Information may be transferred to the other party in such transaction or made available to service providers to the other party in such transaction in a fashion similar to that described herein. Any such use will be in accordance with the privacy policy of such other party over which we have no control.

Changing or Removing Information; Opting Out

Applicable Law places certain obligations on Investors to keep information current, including, for example, Form W-9 Information. It is particularly important for you to keep your Investor Financial Information current and to report to us any material change in this information. We use this information to provide you with investment opportunities and financial distributions due to you as an investor in a Project you invested into through our Site. Without current information, you may receive information in error or that you are not eligible to receive or act on. To allow appropriate control over Personally Identifiable Information, you can access your account (after supplying your user name and password) to change or update discretionary information that you have previously submitted. If you request, we will remove your name and all other Personally Identifiable Information from our databases. It may be impossible to remove this information completely, due to IRS and regulatory reporting requirements, ownership in a Project in which you have invested through our Site and the rights thereof, data backups and records of deletions. If you request deletion of your information, you will be unable to use certain features of the Site and any associated Services. You may not request to remove Anonymous Information from our databases.

Anonymous, Aggregate Information

We use Anonymous Information to analyze the effectiveness of our Site, to improve our Services and for other similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of Users participating in our Services and the characteristics of visitors to our Site and may share Anonymous Information with third parties, including advertisers. Anonymous Information provided to third parties will not allow anyone to identify you or determine anything personal about you. We may collect Anonymous Information through features of the software that supports our Services, through cookies, and through other means. We may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your computer), your computer’s name, the type and version of your web browser, referrer addresses, and other generally-accepted log information. We may also record page views and other general statistical and tracking information, which will be aggregated with that of other Users in order to understand how our Site is being used, and for security and monitoring purposes. None of this data contains Personally Identifiable Information. A cookie is a small amount of data, often including an anonymous unique identifier, which is sent to your browser from a website’s computers and stored on your computer’s hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Site and use them to recognize you when you return to our Site. You may set your browser so that it does not accept cookies. However, cookies must be enabled on your web browser if you wish to access certain personalized features of our Services. We may compile records of visits with respect to certain pages or information that are available on our Site. We might also compile information and other metrics concerning Investors’ interactions with respect to our Services and other features of our Site. We might compile site metrics of a page of interest or other data. Such records do not contain any Personally Identifiable Information, and all such data and information is subject to our Privacy Policy. We may use “pixel tags” to tell us what parts of our Site have been visited or to measure the effectiveness of searches Users perform on our Site. Pixel tags also enable us to send email messages in a format Users can read, and they inform us whether emails have been opened, to help ensure that our messages are of interest to our Investors. None of this data includes Personally Identifiable Information, and you can “opt-out” of receiving these types of emails from us. If any Personally Identifiable Information is collected using such tools, it will be subject to the terms of this Privacy Policy. Our Services may include the use of ad banner partners for the serving and/or targeting of ads, promotions, and other marketing messages. These ads may be provided, in some cases, by a third party ad service provider or advertiser. These advertisers may use traditional banner ads, or other advertising methods, such as advertising using profiles and related content. An advertiser may place or utilize its own cookie on your browser and may use Anonymous Information about your visit to our Site, such as the number of times you have viewed the ad. If the advertiser requests that you provide to it Personally Identifiable Information, such advertiser’s use and collection of such information will be governed by its own privacy policy, and not our Privacy Policy. We recommend that you review the advertiser’s privacy policy before providing Personally Identifiable Information. In order to determine whether your computer is supported by our system, we may collect certain Anonymous Information. This information includes, but may not be limited to, your operating system and browser, as well as the presence of any software that our Site may require to operate with your computer, or other third party software on your computer. This information is kept strictly confidential and is not shared with third parties, except as provided herein.

Anonymous Information Linked With Your Personally Identifiable Information Is Protected As “Personally Identifiable Information”

To enable us to better understand the characteristics of our Investors and/or to provide Services tailored to your needs, we may link (i) the Personally Identifiable Information an Investor provides with (ii) Anonymous Information. If we combine or link any Anonymous Information or other information with your Personally Identifiable Information, the resulting combination will be treated and protected as Personally Identifiable Information under this Privacy Policy.

Security

Our security systems are structured to deter and prevent hackers and others from accessing information you provide to us. We make no warranty that our security systems are fail proof. Due to the nature of Internet communications and evolving technologies, we cannot provide, and we disclaim, any assurances that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access. However, we take all reasonable steps to secure and safeguard this Information.

Notice of Security Incident

If we detect, despite the safeguards set out above, an intrusion or other unauthorized access to or use of Personally Identifiable Information, we will (i) notify affected Users of the intrusion if we determine that the information at issue is sensitive; (ii) deliver this notice by the means we deem most efficient under the circumstances (such as, for example, first class mail or email); (iii) use contact information for each affected User in our files; and (iv) use commercially reasonable efforts to accomplish these steps and effect this notice in a timely manner. To the extent Applicable Law requires steps in addition to those specified above, we will under all circumstances comply with Applicable Law.

Participation by Children and Teens

Due to federal law (as reflected in the Children’s Online Privacy Protection Act), WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW ARE UNDER 18 TO PARTICIPATE IN THE SITE OR SERVICES. YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SITE AND SERVICES. WE MAY CEASE YOUR ACCESS WITHOUT NOTICE IF WE LEARN THAT YOU ARE NOT AT LEAST 18.

Notification of Changes

From time to time, we may change our Privacy Policy. If we make any changes regarding disclosure of Personally Identifiable Information to third parties, we will attempt to contact you prior to the date the modified policy is scheduled to take effect. We will post notice of the new Privacy Policy at the privacy link on our Site. With respect to site visitors, your use of our Site following any such change constitutes your consent to the Privacy Policy, as changed. With respect to Investors, no such changes will take effect unless and until you have provided us with your consent to such changes in accordance with “Your Consent” above.

Our Affiliates

We may choose to rely on and share information with companies closely related to us – our “Affiliates” – for certain purposes under this Privacy Policy. By “Affiliate,” we mean an entity that controls, is controlled by, or is under common control with RGC, whether the control results from equity ownership, contract, overlapping management or otherwise. In this context, “control” means the ability to replace the officers or directors or otherwise materially influence or control management decisions. You acknowledge that RGC Affiliates will be entitled to enjoy our rights under this Policy and, in exchange, we acknowledge that we will be responsible for our Affiliate’s conduct under this Policy, including if our Affiliate fails to comply with any applicable obligations. In any event, we require our Affiliates to protect Personally Identifiable Information in a manner no less protective of your interests than the protections set out in this Policy.

Relationship to Terms of Service; Incorporation of Terms of Service

This Privacy Policy must be read in conjunction with our Terms of Service, and the provisions of our Terms of Service are incorporated herein. To the extent the Terms of Service conflict with the terms of this Privacy Policy, the terms of this Privacy Policy will control.

Privacy Rights of California Residents

California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, we will provide you with the categories of Personally Identifiable Information that we collect through the Site and the categories of third parties with whom such Personally Identifiable Information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, of (1) the categories of Personally Identifiable Information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email or standard mail to the address set out herein. When contacting us, please indicate your name, address, email address, and what Personally Identifiable Information you do not want us to share with affiliated businesses or marketing partners. The request should be labeled “California Customer Choice Notice.” Please allow 30 days for a response. There is no charge for controlling the sharing of your Personally Identifiable Information or requesting this notice.

Complaints to Regulators

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. Other States may provide similar avenues for lodging complaints. Please check with your State’s consumer protection authority.

Contact Us

If you have any questions about this Privacy Policy, the practices of this Site or your dealings with this Site, please contact us by email at:

help@realgrowthcapital.com