Dakota Privacy Policy

Last Updated: April 30, 2025

This online Privacy Policy (the “Policy”) describes how Dakota Funds Group, LLC and Dakota Live!, LLC and their affiliates and subsidiaries (collectively, “Dakota,” “we,” “our,” or “us”) collect, use, disclose, and secure the personal information we gather about you through our website, websites, including www.dakota.com and https://dakotafunds.com/ (the “Sites”) when you use our Sites, apps, and when you otherwise interact with us (collectively, the “Services”).

For purposes of this Policy, personal information means data that classifies as personal information, personal data, personally identifiable information, or similar terms under applicable data privacy and security laws and regulations. It does not include data excluded or exempted from those laws and regulations, such as aggregated, anonymized, or deidentified data. Nothing in this Policy will constitute an admission or evidence that any particular data privacy or information security law or regulation applies to Dakota generally or in any specific context.

In providing our Services, Dakota may collect personal information on its behalf and as a service provider for third parties. This Policy does not govern any information we collect on behalf of third parties, and you should consult their privacy policies to become familiar with their data collection and usage practices.

Notice at Collection At or before the time of collection, California residents have a right to receive notice of our practices, including the categories of personal information to be collected, the purposes for which such information is collected or used, whether such information is sold or shared and how to opt-out of such uses , and how long such information is retained. You can find those details in this statement by clicking on the foregoing links.

1. YOU CONSENT TO THIS POLICY

By accessing, browsing, downloading, or otherwise using the Services, you confirm that you have read, understood, and agreed with this Policy. Beyond this Policy, your use of the Services is subject to our Terms of Use. If you do not agree to this Policy or our Terms of Use, you may not use the Services.

This Policy and the Terms of Use apply regardless of how the Services are accessed and will cover any technologies or devices by which we make the Services available to you.

If you have any questions or concerns about our personal information policies or practices, you can contact us in the methods described in the “Contact Us” section below.

2. TYPES OF PERSONAL INFORMATION WE COLLECT

We collect information you voluntarily provide directly to us, information that we collect automatically when you interact with the Services, and information collected from third parties. The categories of personal information that we collect and the purposes for which we collect that information are described below.

A. Personal Information You Provide to Us

The following list describes the categories of personal information we may collect directly from you:

• Account Information includes first name, last name, email address, and zip code. We collect this information when you provide it directly to us such as when you sign up register for an event, when you create a marketplace account, or fill out a form. We collect this information for providing the Services, administrative purposes, and marketing and advertising our products and services.
• Business Contact Information includes your name, business information such as place of employment, company size and sector, job title(s), zip codes, postal addresses, e-mail addresses, and telephone numbers. We collect this information when you provide it directly to us, such as when you sign up for newsletters, request information about our Services, create an account, make a purchase, or fill out a form. We also collect this information from publicly available sources such as filings and public business profiles.
• Chatbot Information includes any information you might provide to our chatbot. We collect this information when you provide it directly to us by interacting with the chatbot on our Sites. If you engage with our chatbot, we will record the information. Please note that information related to your communications may be shared with our service provider. We collect this information for providing the Services and for administrative purposes.
• Payment and Commercial Information includes name, address, phone number, third party payment service provider-related information, debit or credit card information, purchase and participation history, or other payment processing information. We collect this information for providing the Services and for administrative purposes.
• Responses to Surveys and Questionnaires includes information you provide to us when you respond to marketing materials, promotions, contests, or other surveys. We collect this information for administrative purposes and marketing and advertising our products and services.
• Social Media Information includes information that you post by sharing on a blog or another social media platform. We collect this information for administrative purposes and marketing and advertising our products and services. Please note that your comments will be visible to the public, so you should never share personal information that you would like to keep private.
• User-Generated Content includes information about you included in content you upload, comment, or otherwise submit on the Services, such as your name and email address and products you may have purchased. Be aware that as a default, any information you post on the Services, including without limitation reviews, comments, and text, may be available to and searchable by all users of the Services. We collect this information for providing the Services and administrative purposes.

The purposes for which we use your personal information are described in further detail in the “How We Use Personal Information We Collect” section below.

B. Personal Information Collected Automatically Through “Cookies” or Other Tracking Technologies

We may send one or more cookies to your computer or other device. We may also use other similar technologies such as tracking pixels, tags, or similar tools when you visit our Services. These technologies can collect data regarding your operating system, browser type, device type, screen resolution, IP address, and other technical information, as well as navigation events and session information as you interact with our Services. This information allows us to understand how you use the Services.

i. Cookies

Cookies are small files created by websites, including our Services, that reside on your computer’s hard drive and that store information about your use of a particular website. When you access our Services, we use cookies and other tracking technologies to:

• Estimate our audience size and usage patterns;
• Store information about your preferences, allowing us to customize our Services according to your individual needs;
• Contact you to provide you with information or services that you request from us;
• Advertise new content, events, and services that relate to your interests;
• Provide you with more personalized content that is most relevant to your interest areas; and
• Recognize when you return to our Services.

We set some cookies ourselves and others are set by third parties. You can manage your cookies preference as described in the “Your Privacy Options and Configurations” section below.

ii. Types of Cookies and Their Functions

The following chart lists the different types of cookies that we and our service providers use on the Services, examples of who serves those cookies and links to the privacy notices and opt-out information of those cookie servers. Because the specific cookies we use may vary over time, as well as differ by the specific page you are browsing, the below chart is illustrative only.

We do not use analytical tools in a manner that discloses to third parties that a specific person viewed specific video materials.

iii. Cookie Retention Period

Some cookies operate from the time you visit the Services until the end of that particular browsing session. These cookies, which are called “session cookies,” expire and are automatically deleted when you close your internet browser.

Some cookies will stay on your device between browsing sessions and will not expire or automatically delete when you close your internet browser. These cookies are called “persistent cookies” and the length of time they will remain on your device will vary from cookie to cookie. Persistent cookies are used for a number of purposes, such as storing your preferences so that they are available for your next visit and to keep a more accurate account of how often you visit the Services, how your use of the Services may change over time, and the effectiveness of advertising efforts.

C. Personal Information We Receive From Third Parties

We may receive additional information about you, including Business Contact Information, from email lists or databases that we purchase or license from third parties or marketing partners and combine it with other information we have about you.

3. HOW WE USE PERSONAL INFORMATION WE COLLECT

We use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.

A. Providing Our Services

We use your information to fulfill our contract with you and provide you with our Services, such as:

• Managing your information and accounts;
• Providing access to certain areas, functionalities, and features of our Services;
• Answering requests for customer or technical support;
• Communicating with you about your account, activities on our Services, and policy changes;
• Processing your financial information and other payment methods for products or Services purchased or used; and
• Allowing you to register for events.

B. Administrative Purposes

We use your information for various administrative purposes, such as:

• Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
• Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
• Measuring interest and engagement in our Services;
• Improving, upgrading, or enhancing our Services;
• Developing new products and services;
• Ensuring internal quality control and safety;
• Authenticating and verifying individual identities, including requests to exercise your rights under this Policy;
• Debugging to identify and repair errors with our Services;
• Auditing relating to interactions, transactions, and other compliance activities;
• Sharing personal information with third parties as needed to provide the Services;
• Enforcing our agreements and policies; and
• Carrying out activities that are required to comply with our legal obligations, including disclosures of personal information in response to valid lawful requests by public authorities (e.g., to meet national security or law enforcement requirements).

C. Marketing and Advertising our Products and Services

We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law. Some of the ways we market to you include email campaigns, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking.

If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth in “Contact Us” below.

D. With Your Consent

We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

4. HOW WE DISCLOSE PERSONAL INFORMATION WE COLLECT

We may collect, use, or disclose personal information for a variety of business purposes, including the following:

• Business Partners and Affiliates. We may collect personal information from and disclose personal information including Business Contact Information and Payment and Commercial Information with our business partners and affiliates, including legal advisors and financial advisors, co-branded partners, and other third parties. We may combine that information with other information we collect about you, but we will always use the information as described in this Policy. We may also disclose personal information to our affiliates, subsidiaries, joint ventures or other companies under common control.
• Business Transactions or Mergers. We reserve the right to disclose your personal information to third parties as part of any potential business or asset sale, merger, acquisition, investment, round of funding, or similar type of transaction. Additionally, if we are entering into a corporate transaction with a third party, we may receive personal information in connection with the diligence. If we close a transaction, the third party may transfer personal information, which we would use as described in this Policy.
• Bankruptcy or Insolvency. In the event of bankruptcy, insolvency, or dissolution proceedings, we may disclose your personal information with third parties as part of the sale or reorganization process.
• Service Providers. We use service providers to perform various functions on our behalf, including background screening service providers. We may also receive personal information from service providers.
• Marketing Partners. We may use certain cookies or pixels that collect personal information so that it can be used in connection with the marketing efforts of third parties. In those instances, your personal information may be used for third parties to serve unsolicited information, services, or products to you.

5. YOUR PRIVACY RIGHTS

Under certain international and U.S. state privacy laws, you may be entitled to various privacy rights. Although they may not all apply to us, Dakota values your privacy, and we therefore afford privacy rights to all individuals regardless of their residency. The chart below explains these rights, although some exceptions may apply.

i. Sensitive Data

We will process sensitive data (as the term or its equivalent is defined by applicable privacy laws) in accordance with any applicable privacy laws. In some instances, that means we will not collect sensitive data without first obtaining your consent or providing you with the right to opt out.

ii. Exercising Your Rights

To exercise your rights, to know/access, correction, deletion, restrict, or portability, as applicable, please email us at privacy@dakota.com or at 800-264-8574 using the information set forth in the “Contact Us” section below. To exercise your right to opt-out of sales or sharing of your personal information for targeted advertising please visit our “Your Privacy Choices” page linked in our cookie banner when you visit our Sites.

iii. Verification

To ensure the protection of your personal information, we may need to verify that the individual submitting a request is the consumer to whom the request relates prior to processing the request, or an authorized agent. To verify a consumer’s identity, we may request up to three pieces of personal information about you to compare against our records when you make a request.

Making a verifiable consumer request does not require you to create an account with us. However, we may require that you access a previously existing account where necessary to submit the request.

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 consumers where we have reason to believe a request is fraudulent.

You may choose a person or business 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 us denying your request.

6. YOUR PRIVACY OPTIONS AND CONFIGURATIONS

Depending on the device(s) you use to access the Services, you may be able to select certain privacy choices or configuration, which are further described below:

• Email Communications: If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms or this Privacy Policy).
• Mobile Devices: We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device.
• Do Not Track (“DNT”): DNT is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals. Our Sites respond to the Global Privacy Control.
• Cookies and Personalized Advertising: You may stop or restrict the placement of cookies and tracking technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt out of personalized advertisements on some mobile applications by following the instructions provided by Android or iOS. You can find out more about cookies and how to manage them by visiting https://ico.org.uk/for-the-public/online/cookies/.

7. SUPPLEMENTAL PROVISIONS FOR CALIFORNIA RESIDENTS

This section supplements our Policy and only applies to our processing of personal information that is subject to California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq. as amended by the California Privacy Rights Act and implementing regulations (collectively “CCPA”):

A. Collection of Personal Information

In the preceding 12 months, we have collected personal information from the following categories identified in Section 2, which are described using the terms identified under the CCPA: identifiers, personal information, commercial information, internet or other similar network activity, professional or employment related information, and inferences.

B. Disclosure of Personal Information

In the preceding 12 months, we have disclosed personal information in the following categories: identifiers, personal information, commercial information, internet or other similar network activity, geolocation data, and inferences with service providers. We disclose content posted on our social media platforms (e.g., if a consumer “comments” on a story) with other consumers. Such posts may include information in the category of personal information and identifiers, but the content depends on the individual posts.

C. Sharing and Sales of Personal Information

In the preceding 12 months, we have shared for cross-contextual behavioral advertising personal information in the following categories: personal information, identifiers, commercial information, and internet or similar networking activity.

D. Sales of Personal Information

In the preceding 12 months, we have not sold the personal information of any consumer for monetary consideration. However, our use for cookies and other tracking technologies may be considered a sale of personal information under the CCPA. Categories of personal information that we have sold under the CCPA include the following: identifiers, personal information, commercial information, internet or similar network activities, and inferences. Categories of third parties to whom personal information is sold under the CCPA include data analytics providers and advertising and marketing providers.

E. Collection of Personal Information from Children under 16

In the preceding 12 months, we have not knowingly collected or processed personal information pertaining to children under the age of 16.

F. Sensitive Data

If we process sensitive data as defined by California law, we will only do so for the purposes specifically authorized by California law and in a manner that is necessary and proportionate for those purposes. As such, we do not perform any processing for which a Right to Restrict request is available.

8. SUPPLEMENTAL PROVISIONS FOR INTERNATIONAL RESIDENTS

This section supplements our Policy and each subsection only applies to our processing of personal information that is subject to the international privacy laws described herein.

A. EEA, Switzerland, and UK Residents

Dakota (which is defined in this Policy to mean Dakota Funds Group, LLC and Dakota Live!, LLC) s subject to the investigatory and enforcement powers of the Federal Trade Commission and complies with certain Data Privacy Frameworks (“DPFs”): the EU-U.S. Data Privacy Framework (“EU-US DPF”), the UK Extension to the EU-US DPF, and the Swiss-US Data Privacy Framework (“Swiss-US DPF”) as set forth by the U.S. Department of Commerce. Dakota has certified to the U.S. Department of Commerce that it adheres to the EU-US Data Privacy Framework Principles (“EU-US DPF Principles”) with regard to the processing of personal data received from the European Union in reliance on the EU-US DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-US DPF. Dakota has certified to the U.S. Department of Commerce that it adheres to the Swiss-US. Data Privacy Framework Principles (“Swiss-US DPF Principles”) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-US DPF. If there is any conflict between the terms in this Policy and the EU-US DPF Principles and/or the Swiss-US DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework program, and to view our certification, please visit the Data Privacy Framework website.

i. Accountability for Onward Transfers

Dakota acts in accordance with the Accountability for Onward Transfer Principle of the DPFs which explains that to transfer personal information to a third party acting as a controller Dakota must comply with the Notice and Choice Principles of the DPFs. The Recourse, Enforcement and Liability Principle of the DPFs explains that, in the context of an onward transfer, Dakota has responsibility for the processing of personal information it receives under the DPFs and subsequently transfers to a third party acting as an agent on its behalf. Dakota shall remain liable under the DPF Principles if its agent processes such personal information in a manner inconsistent with the DPF Principles, unless the organization proves that it is not responsible for the event giving rise to the damage.

ii. Inquiries and Disputes

If you have questions for Dakota concerning our handling of personal data received in reliance on the DPFs, please reach out using the information in the “Contact Us” section below. If you have any inquiries related to DPFs or if you’d like to file a complaint related to those, please refer to the list of authorities in “Right to Lodge a Complaint” row located in the chart under the “Your Privacy Rights” section above. We will respond to your complaint within 45 days of receipt of your complaint.

Dakota has further committed to refer unresolved complaints concerning our handling of personal data received in reliance on the DPFs to JAMs, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you. You may under certain conditions be able to invoke binding arbitration to address complaints not resolved by the aforementioned recourse mechanisms and enforcement mechanisms.

B. Republic of Korea Residents

This section of our Policy is applicable to person located in the Republic of Korea. In addition to the rights listed in the “Your Privacy Rights” section above, you may also have the right to determine the scope of consent regarding the processing of your personal information under the Republic of Korea’s Personal Information Protection Act (Act. No. 14839) (“PIPA”). Additionally, you may have the right to appropriate redress for any damage arising out of processing of your personal information through a prompt and fair procedure.

C. Australia Residents

This section of our Policy is applicable to person located in Australia. More information about privacy law and privacy principles is available from the Office of the Australian Information Commissioner (“OAIC”) and from their website. If you believe your privacy rights have been violated in any way, you may contact the OAIC using their contact details set out here in order to file a complaint.

D. Republic of Turkey Residents

This section of our Policy is applicable to person located in the Republic of Türkiye as well as to persons whose personal information is processed in or transferred from the Republic of Türkiye. If you are a resident of Turkey, we will only process your personal information that you have made public. We may transfer your information outside of Turkey for the purposes of providing the Services, which may include disclosures to third parties.

E. Additional Privacy Rights

If you are a resident of a country or region other than those identified above, you may have additional rights with regard to our processing of your data, such as the rights to request access, correction, or deletion of such data. You may also have the right to file complaints with your local data regulators. If you would like to exercise such a right, please contact us by email at privacy@dakota.com.

9. LEGAL BASES FOR PROCESSING PERSONAL INFORMATION

You may be entitled to know our legal basis for processing your personal information pursuant to applicable law, such as the GDPR, PIPA, Indonesia’s Personal Data Protection Law, and other applicable international laws as described in the “Supplemental Provisions for International Residents” section above. Our processing of your personal information is supported by the following legal bases:

• For Performance of a Contract: We may process your information where required to provide you with our Services. For example, we may need to process your information to respond to your inquiries or requests.
• When We Have a Legitimate Interest: We may process your information where we or a third party have a legitimate interest in processing your information, taking into account the balance of these interests and your rights with respect to your information. Legitimate interests include, but are not limited to:
  • Fraud prevention
  • Network security
  • Identifying usage trends
  • Determining the effectiveness of promotional campaigns
  • Expanding our business activities
  • Improving the Services and the content and functionality of our Services
• With Your Consent: We may process your information where we have your explicit consent to do so.

The specific legal bases corresponding to the purposes for which we process your personal information is set forth in the chart below:

10. CROSS-BORDER TRANSFERS OF PERSONAL INFORMATION

Personal information you provide while in another country may be transferred to the United States of America. We process personal information on our servers in the United States, and may do so in other countries. If you use our Services or otherwise provide us with information from outside of the United States, you expressly consent to the transfer of your data to the United States, the processing of your data in the United States, and the storage of your data in the United States. Applicable data protection laws may permit such transfers when necessary for the performance of a contract between you and us, if we obtain your explicit consent to such transfer, or if it is in our legitimate interest to transfer the personal information. The laws in the United States may not be as protective as the applicable data protection laws in other jurisdictions where you may be located. If we transfer personal information from another country with cross-border transfer obligations, we will provide an appropriate safeguard as required by applicable laws.

For more information, please contact us using the information provided in the “Contact Us” section below.

11. HOW LONG YOUR PERSONAL INFORMATION IS KEPT

We will retain your personal information until the personal information is no longer necessary to accomplish the purpose for which it was provided. We may retain your personal information for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations, to protect you, other people, and us from fraud, abuse, an unauthorized access, as necessary to protect our legal rights, or for certain business requirements.

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.

12. OUR COMMITMENT TO DATA SECURITY

The security of your personal information is important to us. We take various reasonable organizational, administrative, and technical measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. If required by law to do so, we will notify you and/or the relevant supervisory authority in the event of a data breach.

However, we cannot and do not guarantee complete security, as it does not exist on the internet.

13. THIRD PARTY LINKS

Our Services may contain links to third-party websites. When we provide links, we do so only as a convenience and we are not responsible for any content of any third-party website or any links contained within. It is important to note that this Policy only applies to our Services. We are not responsible and assume no responsibility for any personal information collected, stored, or used by any third party as a result of you visiting third-party websites. We also advise that you carefully read the privacy notice of any third-party websites you choose to visit.

14. CHILDREN’S PRIVACY

Our Services are not directed at children (as defined under applicable law). We do not knowingly collect or otherwise process personal information from children without first obtaining legally permission from that child’s parent or legal guardian, such as through the attestations during account registration.

15. POLICY CHANGES

This Policy may change from time to time. If we need to change this Policy at some point in the future, we will post any changes on this page. If we make a significant or material change to this Policy we will notify you as required by applicable law. You should check these terms when you use the Services. Your continued use of the Services constitutes acceptance of the most current version of this Policy.

16. CONTACT US

If you have any questions about this Policy, please contact our Chief Financial Officer by email at privacy@dakota.com.