Online Privacy Policy 

Dakota

Effective as of 3/18/2022

Dakota Funds Group, LLC, Dakota Paradise, LLC, and Dakota Live!, LLC (“Dakota”, “we”, “our”, or “us”) respects the privacy of your information. This Privacy Policy is designed to assist you in understanding how we use and safeguard the information you provide to us in using our website (the “Site”) and the services we provide (the “Services”). Please read this Privacy Policy carefully. By using this Site, you acknowledge and agree that you consent to this Privacy Policy.

INFORMATION WE COLLECT

Through your use of our Services and Site, we may collect personal information, which is information that identifies you as an individual, relates to you as an identifiable individual or, that along with other information, could identify you (“Personal Information”). We collect the following types of Personal Information:

Information Provided By You

We do not require you to provide any Personal Information in order to navigate our Site. However, we need to collect Personal Information if you choose to engage in certain activities on our Site. We collect Personal Information from you when you:

• Interact with our Site or Services. When you send us any feedback, questions, comments, suggestions, ideas, or interact with us in any way, you may need to provide us with your name, email address, and contact information.
• Register for an event: If you register for an event with us, we may collect your first name, last name, and email address.
• If you send us an email, we will collect your email address and any information that you provide in the email.

Information Collected Automatically

We may automatically collect the following types of Personal Information as you use our Site or Service:

• Usage Information. Which pages on our Site you access, the frequency of access, what you click on while on our Site, and when you accessed the Site.
• Location Information. Information about your location, which may be determined through your IP address. 
• Device Information. Information about the device you are using, such as hardware model, operating system, browser, and IP addresses.

Cookies and Other Tracking Technologies

We may use cookies and other similar tracking technologies when you visit our website:

• Cookies. “Cookies” are small pieces of information that are stored by your web browser software on your computer’s hard drive or temporarily in your computer’s memory. We place and store Internet cookies on your hard drive. Cookies enable us to personalize your viewing experience. When you revisit our Site, we can recognize you by the cookie and customize your experience at this Site accordingly. For example, we use cookies to recognize your access privileges to this Site, track Site usage and traffic patterns, identify you and keep track of your preferences, prevent fraudulent activity or improve Site security, assess the performance of the Site, and estimate the Site’s audience size. 
• Google Analytics. We use a tool called “Google Analytics” to collect some information we listed above about your use of the Services. We use the information we get from Google Analytics to improve the Services. In order to collect this information, Google Analytics may set cookies on your browser or mobile device, or read cookies that are already there. Google Analytics may also receive information about you from apps you have downloaded, that partner with Google. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to the Services to another application which partners with Google is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. Please review those and see http://www.google.com/policies/privacy/partners/ for information about how Google uses the information provided to Google Analytics and how you can control the information provided to Google. 
• Lucky Orange. We use a third party provider called “Lucky Orange” for certain type of use analytics. To learn more about Lucky Orange and how Lucky Orange stores this data, please view Lucky Orange’s privacy policy here: https://www.luckyorange.com/privacy.php.
• Web Beacons. We and our affiliates and service providers may also employ software technology known as “web beacons” and/or “tracking tags” to help us keep track of what content on our Services is effective. Web beacons are small graphics with a unique identifier that may be invisible to you, and which are used to track the online activity of Internet users. Web beacons are embedded in the web pages you review or email messages you receive. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Site, to monitor how our users navigate the Site, to count how many emails that were sent were actually opened, or to count how many particular contacts, accounts, links, etc. were actually viewed.
• Embedded Scripts. We and our affiliates and service providers may also employ software technology known as an Embedded Script. An Embedded Script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Site. 

• This website uses a HubSpot tracking code which uses cookies or similar technologies to track visitors of this Site and gather demographic information about them. HubSpot keeps track of the Site and pages you visit within HubSpot. This data is used to deliver customized content and promotions to users whose behavior indicates that they are interested in a particular subject area.

 

HOW WE USE YOUR INFORMATION

We use your Personal Information to provide the Services to you, to improve our Services and Site, and to protect our legal rights. We limit the collection of Personal Information to that which is relevant for these purposes. We will not store, access, transmit, retain, or otherwise use Personal Information in any way that is incompatible with the purposes for which it has been collected or stored as described in this notice without your consent. Specifically, we may use the Personal Information we collect to:

• Provide you with the Services. 
• Communicate with you about our Site or Services or to inform you of any changes to our Site or Services. 
• Provide support. 
• Maintain and improve our Site and Services.
• Defend our rights and the rights of others.
• Efficiently maintain our business.
• Comply with applicable law. 

HOW WE SHARE YOUR INFORMATION

Dakota may also share your Personal Information in connection with a corporate restructuring, to prevent harm, to comply with the law and our legal obligations, to protect our legal rights, or with your explicit consent. We also share your Personal Information with Dakota entities and affiliates as necessary for specific purposes in the operation of our business.  Additionally, we share macro-level information specific to Dakota Paradise, LLC with Dakota Paradise, LLC subscribers. This information is not personally identifiable and has been aggregated.

LEGAL BASES FOR PROCESSING YOUR PERSONAL INFORMATION

If you are in a country in the European Union, you are entitled to an explanation of the legal bases we rely on to process your personal information. The legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it, which is discussed below.

Consent

We may process your personal information based on your consent such as when you purchase a service or ask us to send you certain kinds of marketing communications. You have the right to withdraw your consent at any time without affecting the lawfulness of the processing based on consent before its withdrawal.

Our Legitimate Interests

We may process your personal information if doing so is necessary for our legitimate interests and your rights as an individual do not override those legitimate interests. This includes processing for marketing and advertising purposes such as organizing and making available business contact information. This information will be displayed in our products. Our processing of business contact information has a limited impact on an individual’s private life; this information—unlike personal contact details—is widely disclosed. Often, we collect this information from publicly available sources. For more information about information collected from publicly available sources, please review our Article 14 Notice.

Additionally, our legitimate interests include when we process your personal information to carry out fraud prevention activities and activities to increase network and information security, identify usage trends, determine the effectiveness of promotional campaigns, expand our business activities and improve our services and the content and functionality of our Website.

To Perform a Contract

We may process your personal information to administer and fulfill contractual obligations to you.

To Enable Us to Comply With a Legal Obligation

We may process your personal information to comply with legal obligations to which we are subject. This may include any requirement to produce audited accounts, any legal obligation to share information with law enforcement agencies, public or governmental authorities, and to comply with legal process.

Necessary for the Exercise or Defense of Legal Claims

If you bring a claim against us or we bring a claim against you, we may process your personal information in relation to that claim.

Dakota is the Data Controller of all personal information collected from residents of the European Union. If you have any questions about or need further information concerning the legal basis on which we collect and use your personal information for any specific processing activity, please contact us using the “CONTACT” section below.

CHOICES ABOUT YOUR INFORMATION

• Correct or view your information. To correct or view certain Personal Information relating to you in our possession, please email privacy@dakota.com.
• Do Not Track. We take no action in response to “Do Not Track” requests received from users’ web browsing software.
• Cookies. If you would like to opt-out of accepting cookies altogether, you can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. However, please note certain features of our Site or Services may not work if you delete or disable cookies. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.
• Google Analytics. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on for Google Analytics which can be found here: https://tools.google.com/dlpage/gaoptout.
• Lucky Orange. To prevent your data from being used by Lucky Orange, you can opt-out here: https://privacy.luckyorange.com/.

CHOICES ABOUT YOUR INFORMATION – CALIFORNIA

 

If you are a California user, 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”). 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. To exercise any of the rights below, please contact us via the contact information below. Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your personal information.

 

 

 

What Information Do We Collect?

 

In the previous 12 months, Dakota has collected the following categories of Personal Information:

 

Category[1]	Examples	Collected
A. Identifiers	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	YES
B. Personal Information	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.   Some Personal Information included in this category may overlap with other categories.	YES
C. Protected Classification Characteristics Under California or Federal Law	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	NO
D. Commercial Information	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
E. Biometric Information	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or Other Similar Network Activity	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES
G. Geolocation Data	Physical location or movements.	YES
H. Sensory Data	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or Employment-Related Information	Current or past job history or performance evaluations.	YES
J. Non-Public Education Information	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences Drawn of the Consumer	Inferences drawn from Personal Information identified above to create a profile about a consumer reflecting a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO

 

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

The above does not relate to information collected in connection with an individual’s employment by or seeking employment from Dakota. If you are employed by or seeking employment from Dakota, please see our employee privacy policy for information regarding the personal information we collect in that capacity.

Sources From Which Personal Information Is Collected

We collect your Personal Information directly from you, from your interaction with the Website, from publicly available sources such as public-facing websites and public filings, and from third parties which collect the Personal Information directly from you.

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;
• Direct or indirect marketing to customers;
• Respond to your requests for services;
• Provide you with customer support and respond to your communications;
• Send you transactional or administrative communications, as well as certain service-related announcements;
• Personalize your experience on our website or mobile apps;
• Send you information relating to other programs, services, or products that we believe may be of interest to you; and/or
• Run website analytics to evaluate performance.

Third Parties With Whom Personal Information Is Shared

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

• We share Personal Information with service providers.
• We allow certain companies to use Personal Information to enhance online experiences and customize advertising.
• We share your Personal Information in all categories with third-parties so that they can market products, information, campaigns, or services to you, and to third-parties that share the information with other entities that can market products, information, campaigns, or services to you.

In the preceding 12 months, we have not sold Personal information about consumers.

In the preceding 12 months, we have not sold Personal Information about minors.

Individual Rights

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

You have the right to request that Dakota to disclose the Personal Information it collects, uses, and discloses about you to third parties. There are two types of Right 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;
   2. Categories of sources from which Personal Information is collected;
   3. Business purpose for collecting; and
   4. Categories of third parties with whom shared.
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 Dakota determines 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. Dakota will state in its response if an exception applies.

1. Right of Deletion

You have the right to request that Dakota and our service providers delete any Personal Information about yourself which Dakota has collected from you upon receipt of a verifiable request. This right is subject to certain exceptions. Dakota will state in its response if an exception applies.

1. Right to Non-Discrimination

You have the right not to receive discriminatory treatment for exercising the privacy rights conferred by California law. Dakota 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.

1. Submitting Requests

You can submit your request by calling us at (800) 264-8574. You may also submit a request by sending us an email at privacy@dakota.com.

1. Verifying Requests

When Dakota receives a request, 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. Dakota reserves 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 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, Dakota requires that you provide the Authorized Agent with written permission to allow them to submit your request and that you verify your identity directly with Dakota. Failure to do so may result in Dakota denying your request.

Contact for More Information

If you have any questions or concerns regarding your California Privacy Rights under this Privacy Policy, please feel free to send us an email at privacy@dakota.com.

Last Updated: 3/18/2022

CHOICES ABOUT YOUR INFORMATION—EUROPE

If you are an individual in a country in the European Union, you have the right to make requests to:

• Access the personal information we keep about you;
• Rectify inaccurate personal information;
• Place restrictions on our use of your personal information;
• Object to our use of your personal information;
• Ask us to delete the personal information about you we hold;
• Have your personal information transferred to you or another party of your choosing; and
• Make a complaint to the relevant supervising authority

We describe these rights more fully below.

Asking us to access your personal information

You have the right to obtain from us confirmation as to whether or not we are processing personal information about you and, if so, the right to be provided with the information contained in this Notice. You also have the right to receive a copy of the personal information undergoing processing.

Asking us to rectify your personal information

You have the right to ask us to rectify any inaccurate personal information about you and to have incomplete personal data completed.

Asking us to restrict our use of your personal information

You have the right to ask us to place a restriction on our use of your personal information if one of the following applies to you:

• You contest the accuracy of the information that we hold about you, while we verify its accuracy;
• We have used your information unlawfully, but you request us to restrict its use instead of erasing it;
• We no longer need the information for the purpose for which we collected it, but you need it to deal with a legal claim; or
• You have objected to us using your information, while we check whether our legitimate grounds override your right to object.

Objecting to our use of your personal information

You have the right to object to our use of your personal information where our reason for using it is based on our legitimate interests or your consent (rather than when the reason for using it is to perform an obligation due to you under a contract with us).

Asking us to delete your personal information

You can ask us to delete your personal information if:

• We no longer need it for the purposes for which we collected it;
• We have been using it with no valid legal basis;
• We are obligated to erase it to comply with a legal obligation to which we are subject;
• We need your consent to use the information and you withdraw consent;
• You object to us processing your personal information where our legal basis for doing so is our legitimate interests and there are no overriding legitimate grounds for the processing.

However, this right is not absolute. Even if you make a request for deletion, we may need to retain certain information for legal or administrative purposes, such as record keeping, maintenance of opt-out requirements, defending or making legal claims, or detecting fraudulent activities. We will retain information in accordance with the “HOW LONG IS YOUR PERSONAL INFORMATION KEPT” section below.

If you do exercise a valid right to have your personal information deleted, please keep in mind that deletion by third parties to whom the information has been provided might not be immediate and that the deleted information may persist in backup copies for a reasonable period (but will not be available to others).

The right to transfer your personal information to another service provider

You may request that we transfer some of the personal information you have provided to you or another service provider in electronic copy. This applies to personal information we are processing to service a contract with you and to personal information we are processing based on your consent.

Making a complaint

 

If you have any concerns or complaints regarding our processing of your personal information, please contact us as described in the “CONTACT” section below and we will do our best to answer any question and resolve any complaint to your satisfaction.

If, for whatever reason, you feel we do not meet the standards you expect of us, you are also entitled to make a complaint to your local supervisory authority. The EU Commission has list of supervisory authorities here.

HOW LONG IS YOUR PERSONAL INFORMATION KEPT

 

Dakota retains your personal information to the extent it is necessary for the purpose for which it was collected. Dakota 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 Privacy Policy or under applicable law, contract, or regulation.

 

 

SECURITY

We maintain commercially reasonable security measures to protect the Personal Information we collect and store from loss, misuse, destruction, or unauthorized access. Our security includes industry-standard physical, administrative, and technology-based measures. However, no security measure or modality of data transmission over the Internet is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee absolute security. 

OUR COMMITMENT TO CHILDREN’S PRIVACY

Protecting the privacy of the very young is especially important.  This Website is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13.  In the event that we learn that we have collected personal information from a child under age 13 without verification or parental consent, we will immediately delete that information.  If you believe that we might have any information from or about a child under 13, please contact us using the information provided in the “CONTACT” section below.

THIRD PARTY LINKS

The Site may contain links that will let you leave the Site and access another website. Linked websites are not under our control. This Privacy Policy applies solely to Personal Information that is acquired on this Site. We accept no responsibility or liability for these other websites. 

CHANGES TO THIS PRIVACY POLICY

We may at any time, without notice to you, and in our sole discretion, amend this Privacy Policy. Please review this Privacy Policy periodically. Your continued use of the Site after any such amendments signifies your acceptance thereof. 

CONTACT

If you have any questions or concerns regarding this Privacy Policy, please contact us at privacy@dakota.com.

 

 

 

[1] Categories of Personal Information are as defined in Cal. Civ. Code. § 1798.140(o).