Cookies and Tracking Notice

Our Use of Cookies and Other Automatic Data Collection Tools

As you navigate through and interact with the Web Site/Mobile Apps, we may automatically collect certain information through cookies, web beacons and other tracking technologies, including information about your equipment and usage. This information may include details of your visit to the Web Site/Mobile Apps, including traffic data, location data, logs and other communication data and the resources that you access and use on the Web Site/Mobile Apps, the websites that you access immediately before and after your visit to the Web Site/Mobile Apps, and information about your computer or other device and internet connection, including but not limited to your IP address, operating system and browser type. We do not collect personal information automatically, but we may tie information that we do collect automatically to personal information about you that we collect from other sources or that you provide to us.

The technologies we use for automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you access or use the Web Site/Mobile Apps. You may refuse to accept browser cookies by activating the appropriate setting on your browser. Please note that if you refuse to accept browser cookies, your access to or use of certain portions of the Web Site/Mobile Apps may be limited.
Flash Cookies. Certain features of the Web Site/Mobile Apps may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Web Site/Mobile Apps. Flash cookies are not managed by the same browser settings used for browser cookies. Please note that your access to or use of certain portions of the Web Site/Mobile Apps may be limited as a result of any change to such settings.
Web Beacons. Pages of the Web Site/Mobile Apps may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We use the information we collect automatically to operate and improve the Web Site/Mobile Apps. For example, such information enables us to estimate our audience size and usage patterns, customize the Web Site/Mobile Apps according to your individual preferences and recognize you when you return to the Web Site/Mobile Apps. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose the presence of a cookie to third parties in order to advertise our services. For example, we may ask advertisers to display ads promoting our services on other websites based on the presence of a cookie. We may also contract with third-party advertising networks that use cookies, web beacons or other tracking technologies to collect certain non-personal information about your activities on the Web Site/Mobile Apps and on third-party websites to provide you with targeted advertising based upon your interests. We may also use cookies delivered by third parties to track the performance of our advertisements.

Contents of the Web Site/Mobile Apps — DISCLAIMER

THE MATERIALS IN AND ON THE WEB SITE/MOBILE APPS (INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE AVAILABLE THROUGH THE WEB SITE/MOBILE APPS ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, AND ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WINSLOW CAPITAL MANAGEMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE WEB SITE/MOBILE APPS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WINSLOW CAPITAL MANAGEMENT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER ITS RESPECTIVE DATE. WINSLOW CAPITAL MANAGEMENT UNDERTAKES NO OBLIGATION TO MAINTAIN THE CURRENCY OF SUCH INFORMATION.

WINSLOW CAPITAL MANAGEMENT MAY ESTABLISH HYPERTEXT LINKS BETWEEN THE WEB SITE/MOBILE APPS AND ONE OR MORE WEBSITES OPERATED BY UNAFFILIATED THIRD PARTIES. WINSLOW CAPITAL MANAGEMENT HAS NO CONTROL OVER ANY SUCH LINKED WEBSITES AND IS NOT RESPONSIBLE FOR THE CONTENTS THEREOF OR THE PRODUCTS AND SERVICES DESCRIBED THEREIN. WINSLOW CAPITAL MANAGEMENT IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. WINSLOW CAPITAL MANAGEMENT PROVIDES THESE LINKS TO YOU ONLY AS A CONVENIENCE. THE EXISTENCE OF ANY SUCH LINKS SHALL NOT CONSTITUTE AN ENDORSEMENT OF, OR REPRESENTATION OR WARRANTY BY WINSLOW CAPITAL MANAGEMENT REGARDING, SUCH LINKED WEBSITES, THE CONTENTS THEREOF, THE PRODUCTS AND SERVICES DESCRIBED THEREIN OR THE OPERATORS THEREOF. WINSLOW CAPITAL MANAGEMENT SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE INCURRED BY YOU IN CONNECTION WITH YOUR ACCESS TO OR USE OF SUCH LINKED WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY SUCH LOSS OR DAMAGE RESULTING FROM ANY HARMFUL COMPONENTS OF OR INACCURACIES IN THE CONTENT OF SUCH LINKED WEBSITES. YOUR ACCESS TO AND USE OF SUCH LINKED WEBSITES IS GOVERNED BY THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICIES APPLICABLE TO SUCH LINKED WEBSITES, AND SHALL BE AT YOUR OWN RISK. WINSLOW CAPITAL MANAGEMENT DISCLAIMS ALL RESPONSIBILITY FOR THE PRIVACY POLICIES AND CUSTOMER INFORMATION PRACTICES OF SUCH LINKED WEBSITES.

Operation of the Web Site/Mobile Apps — DISCLAIMER

WINSLOW CAPITAL MANAGEMENT ENDEAVORS TO MAINTAIN THE WEB SITE/MOBILE APPS AND THEIR OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE WEB SITE/MOBILE APPS OR ITS OPERATION. AS TO THE OPERATION OF THE WEB SITE/MOBILE APPS, WINSLOW CAPITAL MANAGEMENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WINSLOW CAPITAL MANAGEMENT MAKES NO WARRANTY THAT (I) THE OPERATION OF THE WEB SITE/MOBILE APPS WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THE WEB SITE/MOBILE APPS WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE/MOBILE APPS WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THE WEB SITE/MOBILE APPS.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WINSLOW CAPITAL MANAGEMENT OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR USE OR ATTEMPTED USE OF, OR INABILITY TO USE, THE WEB SITE/MOBILE APPS OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR TRADING LOSSES), EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE OR WINSLOW CAPITAL MANAGEMENT OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. FOR THE AVOIDANCE OF DOUBT, WINSLOW CAPITAL MANAGEMENT AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR ARISING FROM OR IN CONNECTION WITH:

ANY ERROR OR OMISSION IN THE WEB SITE/MOBILE APPS OR THE CONTENT AND FOR THE USE OR INTERPRETATION THEREOF BY OTHERS;
ANY DELAY, TERMINATION, FAILURE, DEFECT, OR INTERRUPTION IN THE TRANSMISSION OF THE WEB SITE/MOBILE APPS OR ANY CONTENT;
ANY TERMINATION OR INTERRUPTION OF YOUR ACCESS TO THE WEB SITE/MOBILE APPS OR ANY CONTENT;
YOUR RELIANCE ON OR USE OF THE WEB SITE/MOBILE APPS OR ANY CONTENT;
ANY ELECTRONIC REQUESTS, ORDERS, OR INSTRUCTIONS YOU SEND, OR THE INTERCEPTION BY THIRD PARTIES OF ANY ELECTRONIC REQUESTS, ORDERS, OR INSTRUCTIONS YOU SEND;
ANY HARM CAUSED BY THE TRANSMISSION, THROUGH ACCESS OF THE WEB SITE/MOBILE APPS, OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, DELETE, DAMAGE, DISABLE, DISRUPT OR OTHERWISE IMPEDE THE OPERATION OF THE WEB SITE/MOBILE APPS OR OF YOUR SOFTWARE, HARDWARE, DATA OR OTHER PROPERTY;
ANY ACT OR OMISSION OF WINSLOW CAPITAL MANAGEMENT IN MAKING THE WEB SITE/MOBILE APPS OR ANY CONTENT AVAILABLE TO YOU; OR
ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEB SITE/MOBILE APPS OR ANY OF THE CONTENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF WINSLOW CAPITAL MANAGEMENT OR WITHIN THE CONTROL OF ANY OTHER PARTY PROVIDING SOFTWARE OR SERVICES SUPPORT FOR THE WEB SITE/MOBILE APPS.

Limitations

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL WINSLOW CAPITAL MANAGEMENT'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT PAID BY YOU FOR ACCESSING THE WEB SITE/MOBILE APPS AND $50.00 USD.

Indemnification

As a condition of, and in exchange for, using the Web Site/Mobile Apps, you agree to defend, indemnify and hold Winslow Capital Management and its directors, officers, employees, investment specialists and agents harmless from and against any and all claims, actions, losses, liabilities, damages, costs and expenses (including but not limited to reasonable attorneys' fees) that may, at any time, arise out of or relate to your authorized, unauthorized, lawful or unlawful use of the Web Site/Mobile Apps and/or the Content, your breach of the Terms, as may be modified from time to time in Winslow Capital Management's sole discretion, your inability to access the Web Site/Mobile Apps and/or any Content, the use of any linked web sites, your reliance on any errors or omissions in the Web Site/Mobile Apps and/or the Content, or the propagation and/or contraction of any computer virus in connection with your use of the Web Site/Mobile Apps and/or the Content.

Notices

Any notices to you from Winslow Capital Management regarding the Web Site/Mobile Apps or these Terms will be posted on the Web Site/Mobile Apps or made by e-mail or regular mail. When you visit the Web Site/Mobile Apps or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Web Site/Mobile Apps. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.

Governing Law

These Terms shall be governed and construed under the laws of the State of New York without regard to its conflict of law principles, regardless of whether you reside in New York or transact business with Winslow Capital Management in New York or elsewhere. If you take legal action relating to these Terms or your use of the Web Site/Mobile Apps or the Content, you agree to file such action only in the New York State Supreme Court located in New York, NY, or the United States District Court for the Southern District of New York, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action relating to these Terms or your use of the Web Site/Mobile Apps or the Content.

Waiver

No waiver by Winslow Capital Management of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at that time or a waiver of that or any other right, term, or provision of these Terms at any other time.

Severability

Whenever possible, each provision of these Terms will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision of these Terms in any manner or the effectiveness, validity and enforceability of such provision in any other jurisdiction.

Entire Agreement

These Terms represent the entire agreement between you and Winslow Capital Management relating to the subject matter hereof.

No Partnership or Agency

Neither these Terms, nor any content, materials or features of the Web Site/Mobile Apps create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.