Dakota California Privacy Policy

Last Updated: December 23, 2022

Your privacy is important to us at Dakota Funds Group, LLC, Dakota Paradise, LLC, and Dakota Live!, LLC and its affiliates and subsidiaries (collectively, “Dakota”, “we”, “our”, or “us”), and we are committed to safeguarding, preserving, and respecting your privacy rights.  If you are a California resident, you have certain rights with respect to the collection, use, transfer, and processing of your personal information, as defined by the California Consumer Privacy Act (“CCPA”), Cal. Civ. Code § 1798.100 et seq., as amended by the California Privacy Rights Act (“CRPA”), and implementing regulations.  

This California Privacy Policy describes how we collect, use, disclose, and the security of the personal information we gather about you through our website www.dakota.com (the “Site”), our applications and when you interact with us as a customer or otherwise, and when you interact with us as a customer or otherwise (collectively, the “Services”).  We reserve the right to limit these rights where permitted under applicable law, including where your identity cannot be reasonably verified or to the extent your rights adversely affect the rights and freedoms of others.  

What Information Do We Collect?

In the previous 12 months, we have collected the following categories of personal information:

The above examples are illustrative examples from the CCPA and do not reflect the specific pieces of information we collect.  

Sources From Which Personal Information Is Collected

We collect your personal information directly from you, from your interaction with the Site, from publicly available sources such as public-facing websites and public filings, and from third parties which collect the personal information directly from you.  For more, please see the “Information We Collect From Other Sources” section in our Privacy Policy. www.dakota.com/privacy-policy 

Business or Commercial Purposes for Which Personal Information Is Collected

Your personal information is used for the following purposes:

• Furthering business operations and protections of business interests and security; 
• Compliance with legal obligations; 
• To present our Services and its contents in a suitable and effective manner for you and your device;
• To contact you to provide you with information or services that you request from us;
• Send you transactional or administrative communications, as well as certain service-related announcements; 
• To directly or indirectly advertise opportunities, services, or special events that we think may be of interest to you;
• To provide customer support, troubleshoot issues, manage accounts, and respond to requests, questions, or comments;
• To carry out our obligations and enforce our rights arising from any contracts; and
• To notify you about any additions, upgrades, or changes in our services.

Third Parties With Whom Personal Information Is Disclosed, Shared, or Sold

In the preceding 12 months, we have disclosed the following personal information about consumers for business purposes:

• We share personal information in categories A (identifiers), B (personal), I (employment) and L (sensitive personal information) with service providers.
• We share personal information in category A (identifiers), B (personal) and I (employment) with local vendors and business partners so that they can provide services to you or market products, information, campaigns, or services to you.

Retention of California Consumer Information

We retain your personal information for as long as is necessary for fulfilling the processing purposes identified in this Policy. Generally, we retain your information for as long as we have a relationship with you and, after our relationship with you has ended, if there is an ongoing business need to retain it. This includes retention to comply with our legal, regulatory, tax, accounting and/or billing and collection obligations, to resolve disputes, enforce our policies and establish, exercise and defend our rights and any claims. 

We will delete your personal information when it is no longer necessary for the purpose for which it was collected, or upon your request, subject to exceptions as discussed in this policy or under applicable law, contract, or regulation.

Dakota sells business contact information of customers to third parties.  In addition, Dakota uses certain third party analytical cookies and related technologies that may be considered “sales” of data under applicable laws.  For more information, and to exercise your right to opt out, please visit our Do Not Sell or Share My Personal Information page, which can be found in the footer of each page of our Websites or by clicking here Do Not Sell 

Our websites do not respond to the Global Privacy Control, (“GPC”) which allows you to opt-out of the sale or sharing of your personal information by default. We are in the process of enabling GPC controls for our California based customers. To learn more about the GPC, please visit https://globalprivacycontrol.org/. 

Please note that opt-out choices may be stored via cookies.  If you clear cookies, if your browser blocks cookies, or if you view the page from a different browser or device, your opt-out choice may no longer be logged or recognized. 

We do not have actual knowledge that we sell or share the personal information of consumers under 16 years of age.

Individual Rights

1. Right to Know About Personal Information Collected, Disclosed, Shared, or Sold

You have the right to request that we disclose the personal information we collect, use, and disclose about you to third parties.  There are two types of Rights to Know requests that you can make:

1. Right to Know (Abbreviated Request):  If you make a Right to Know (Abbreviated Request), you will receive the following information about you:
1. Categories of personal information collected, sold, or shared;
2. Categories of sources from which personal information is collected;
3. Categories of third parties to whom the information is sold, shared or disclosed;
4. Business or commercial purpose for collecting, sharing, or selling personal information; 
5. Categories of personal information disclosed for a business purpose and categories of persons to whom it was disclosed for a business purpose.
2. Right to Know (Specific Pieces of Information Request):  If you make a Right to Know (Specific Pieces of Information Request), you will receive the following information about you:
1. Specific pieces of personal information collected about you.

This information will be provided to you free of charge, unless we determine that your request is manifestly unfounded or excessive.  You may request this information twice in a 12-month period.

There are certain exceptions to a consumer’s Right to Know.  We will state in our response if an exception applies. 

1. Right of Deletion

You have the right to request that we and our service providers delete any personal information about your which we have collected from you upon receipt of a verifiable request.  This right is subject to certain exceptions.  We will state in our response if an exception applies.

1. Right to Opt-Out of the Sale or Sharing of Personal Information

You have the right to opt-out of the sale or sharing of your personal information by a business subject to certain laws and regulations.  

For more information, please visit our Do Not Sell or Share My Personal Information page 

1. Right to Non-Discrimination

You have the right not to receive discriminatory treatment for exercising the privacy rights conferred by California law.  We will not discriminate against you because you exercised any of your privacy rights, including, but not limited to, by: denying goods or services to you; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level of quality of goods or services to you; or suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.  We will also not retaliate against any employee, applicant for employment, or independent contractor for exercising their rights under the CCPA. 

1. Right of Correction 

If we maintain inaccurate personal information about you, then you have the right to request that we correct the inaccurate personal information upon receipt of a verifiable request.  Taking into account the nature of the personal information and purposes of processing the personal information, you have the right to request that we correct inaccurate personal information about you, if applicable.  

1. Right to Limit Use and Disclosure of Sensitive Personal Information 

If we collect Sensitive Personal Information (as defined in Cal. Civ. Code § 1798.140(ae) (effective Jan. 1, 2023)) about you with the purpose of inferring characteristics about you, then you have the right to request that we limit the use of such information to the use which is necessary to perform the services we offer or for other permitted purposes under Cal. Civ. Code § 1798.121 (effective Jan. 1, 2023) upon receipt of verifiable request. 

1. Submitting Requests

You can submit your request by emailing us at privacy@dakota.com, or by toll-free phone at 800-264-8574.  

1. Verifying Requests

When we receive a request through one of the means described above, it must verify that the person requesting information or deletion is the California consumer about whom the request relates in order to process the request.  To verify a California consumer’s identity, we may request up to three pieces of personal information about you when you make a request to compare against our records.  We may also request that you sign a declaration under the penalty of perjury from the consumer whose personal information is the subject of the request.  

Making a verifiable consumer request does not require you to create an account with us.  

We will only use personal information provided in your request to verify your identity and will delete any information you provide after processing the request.  We reserve the right to take additional steps as necessary to verify the identity of California consumers where we have reason to believe a request is fraudulent.

1. Authorized Agents

You may choose a person or a business registered with the California Secretary of State that you authorize to act on your behalf to submit your requests (“Authorized Agent”).  If you choose to use an Authorized Agent, we require that you provide the Authorized Agent with written permission to allow them to submit your request and that you verify your identity directly with us.  Failure to do so may result in Dakota denying your request. 

Contact Us

If you have any questions about this California Privacy Policy, please contact us by email at privacy@dakota.com or via phone at 800-264-8574.