Dakota

Online Privacy Policy

Last updated and effective as of March 21, 2023

Dakota Funds Group, LLC, Dakota Paradise, LLC, and Dakota Live!, LLC and its affiliates and subsidiaries (collectively, “Dakota”, “we”, “our”, or “us”) respects the privacy of your information. This online privacy statement (the “Statement” or “Policy”) describes how we collect, use, disclose, and secure, the personal information we gather about you through our website, www.dakota.com/ (the “Site”) and the services we provide and when you interact with us otherwise (collectively, the “Services”). Please read this Policy carefully. By using this Site, you acknowledge and agree that you consent to this Policy.

For purposes of this Statement, 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. Nothing in this Statement 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.

This Policy expressly incorporates any privacy notices we may issue to supplement this Policy, for example if required by law. Depending on your residency, a supplemental privacy notice may apply to you. For example, if you are a California resident, please view our California Privacy Policy

You Consent to This Statement

You should read this Statement carefully, so that you understand our privacy practices. We recommend printing and retaining a copy for your future reference. By accessing, browsing, downloading, or otherwise using the Services, you confirm that you have read, understood, and agreed with this Statement. If you do not agree to this Statement, you may not use the Services.

This Statement applies regardless of how the Services are accessed and will cover any technologies or devices by which we make the Services available to you. Your use of our Services, and any dispute over privacy, is subject to this Policy.

We may provide you with additional privacy notices where we believe it is appropriate to do so. It is important that you read this Statement together with any other privacy notice or terms we may provide on specific occasions, so that you are fully aware of how and why we are using your data. 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.

What Types of Information Do 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.

Categories of Personal Information We Collect

The following list describes the categories of personal information we collect.

• Account Information includes name, company, zip code, and email address. We collect this information when you provide it directly to us such as by registering for an event.
• Analytics Information. We collect certain analytics information automatically as you navigate our Services. This includes cookies, tracking pixels, tags or similar tools. For more information, please view the “How Do We Use “Cookies” and Other Tracking Technologies?” section below.
• Chat Information includes the contents of the conversation. We collect this information when you engage with the Site’s ChatBot. If you interact with the ChatBot on the Site we will record the conversation. Please note that the ChatBot is an automated program and not a real person, and information relating to your communications may be shared with our service provider(s).
• Contact Information includes your name, business information, title, zip code, email address, and phone number. We collect this information when you provide it directly to us such as signing up for newsletters or filling out a form. We also collect this information from publicly available sources such as filings.
• Commercial History includes information regarding the transactions you have made through our Services. We collect this information when you provide it directly to us.
• Demographic Information includes name, email address, place of employment, type of employment, and industry. We collect this information when you provide it directly to us or from publicly available sources.
• Device Information includes hardware model, screen size, language and other settings, memory capacity, plug-ins, internet service provider, internet domain, TCP configuration parameters, operating system, application version number, browser, names, versions and package IDs of software on your device, and IP addresses. We collect this information automatically as you navigate our Services.
• Email Interaction Information includes IP address, location information, unique device identifier or characteristics, internet service provider, mobile carrier, mobile phone number, browser, and operating system, and cookies. We collect this information when you interact with our marketing emails such as by clicking on links in those emails. If you email us, we will collect your email address and any information contained in the email.
• Geolocation Information includes information about your actual location, which may be determined from GPS and other sensors that may reveal information on or nearby devices, Wi-Fi access points, and cell towers. We collect this information automatically as you navigate our Services.
• Interests and Preferences includes interested products and information regarding newsletters you would like to receive. We collect this information when you provide it directly to us.
• Payment Information includes name, address, phone number, and debit or credit card information. We collect this information when you provide it directly to us.

Purposes for Collection of Personal Information

The following chart identifies the purposes for which we may collect your personal information, as well as information regarding our use and disclosure of that personal information. Please note that we may not collect each category of information about each user of our Services.

Other Ways We May Collect, Use, or Share the Information

We may also reserve the right to collect, use, or share personal information for the following purposes:

• For legal purposes.  We reserve the right to cooperate with local, provincial, state, federal and international officials in any investigation requiring either personal information or reports about lawful of unlawful user activity on this site.  We also reserve the right to share your personal information to establish, exercise, or defend our legal and property rights, including providing information to others for the purposes of fraud prevention.  We may also share your personal information with any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
  
  If we are ordered by a legal process or government to provide data about one or more individual users, we will notify those users of our compliance with that order, to the extent permitted by law.
• Business transactions or mergers.  We reserve the right to share 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 share your personal information with third parties as part of the sale or reorganization process. 

Information from our partners.  We may collect information from our partners such as market research firms and our affiliates, subsidiaries, joint ventures, or other companies under common control.  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 share information with our affiliates, subsidiaries, joint ventures or other companies under common control.   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.

How Do We Use “Cookies” and 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 what you click on as you interact with our Services.  This information allows us to understand how you use the Services.

What Are 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 “Managing Your Cookies” section below.

What Types of Cookies Do We Use and Why?

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. 

We do not use Facebook Pixel or disclose information to any third party that identifies a specific person as having viewed specific video materials.  

How Long Do Cookies Stay on My Device?

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.

Managing Your Cookies

It may be possible to block cookies by changing your Internet browser settings to refuse all or some cookies.  If you choose to block all cookies (including essential cookies), you may not be able to access all or parts of the Services.

You can find out more about cookies and how to manage them by visiting www.AboutCookies.org.

Does the Site Respond to “Do Not Track” Signals?

There is currently no industry agreed-upon response to a Do Not Track signal.  At this time, our Site does not respond differently based on a user’s Do Not Track signal.

1. European, United Kingdom, and Swiss Privacy Rights 

This section of our Policy is applicable to persons located in the European Union (“EU”), an European Economic Area member state (“EEA”), United Kingdom (“UK”), or Switzerland as well as to persons whose personal information is processed in or transferred from the EU, EEA, UK, or Switzerland.  Under the EU General Data Protection Regulation and UK General Data Protection Regulation (collectively, the “GDPR”), EU and UK residents are entitled to the information in this section of our Privacy Policy. To comply with the Swiss Federal Act on Data Protection (“DPA”), we provide residents of Switzerland with the same disclosures and privacy rights that we provide to residents of the European Union.

Your Rights 

You are entitled to access, correct, amend, or delete personal information about you that we hold.  A summary listing these rights appears below.  Please note that these rights are not absolute and certain exemptions may apply to specific requests that you may submit to us.

To exercise these rights, please contact us using the information below in the “Contact Us” section.  For your protection, we may need to verify your identity before responding to your request.  In the event that we refuse a request, we will provide you a reason as to why.

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 ask us for copies of your personal information.  When making a request, please provide an accurate description of the personal information to which you want access. Where requests are repetitive or manifestly unfounded or excessive, we may charge a reasonable fee based on administrative cost.

Asking us to rectify your personal information

You have the right to ask us to rectify information you think is inaccurate.  You also have the right to ask us to complete information you think is incomplete.

Asking us to delete your personal information

You have the right to ask us to erase 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; or 
• 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).

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.

The Right to Transfer Your Personal Information to Another Service Provider

You have the right to ask that we transfer the personal information you gave us from one organization to another, or give it to you (i.e. data portability).  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.

The Right to Withdraw Consent  

If we obtain your written consent to collect and process your personal information, you can subsequently withdraw such consent as to any further processing of such information.

The Right to Lodge a Complaint with a Supervisory Authority  

If you believe your rights under the GDPR have been violated, the GDPR gives you the right to file a complaint with your supervisory authority. A list of supervisory authorities is available here:  EEA and EU Data Protection Authorities (DPAs); Swiss Federal Data Protection and Information Commissioner (FDPIC); UK Information Commissioner’s Office (ICO).  

Rights Related to Automated Decision-making  

To the extent that we engage in decision-making based solely on automated processing, including profiling, which produces legal effects concerning you or which significantly affects you, you have the right not to be subject to such decision-making.

Right to Object to Processing

You have the right to object to the processing of your personal information that is based on 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).  If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or we can demonstrate the processing is for the establishment, exercise, or defense of legal claims.  You can object to the processing of your personal information by contacting us using the information in the “Contact Us” section below.  

Legal Bases for Processing Your Personal Information 

Dakota collects your personal information to provide our products and services to you; otherwise, we may not be able to process the transactions you request.  We will only process your personal information when we have a lawful basis for doing so.  If you are in a country in the EU, EEA, UK, or Switzerland, 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.  
• Children’s Consent. We do not knowingly process data of EU, EEA, UK, or Swiss residents under the age of 16 without reasonably verified parental consent. 
• Our Legitimate Interests.  We may process your personal information if doing so is necessary for our legitimate interests relating to our business purposes arising from your relationship with us, 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 Site.
• To Perform a Contract.  We may process your personal information to administer and fulfill contractual obligations to you.  We will also collect and process your personal information as necessary for the performance of a contract to which you are a party
• 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 controller for all personal information collected from residents of the EU, EEA, UK or Switzerland.  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 Us” section below.

Cross-Border Transfers of Personal Information

Our Services are operated in the United States.  Personal information about you provided while in the EU, an EEA member state, the UK, or Switzerland may be transferred to the United States.  The United States does not have an adequacy decision or adequacy regulation.  The GDPR permits 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 GDPR or the laws of other jurisdictions where you may be located.  If we transfer personal information from the EU, EEA, UK, or Switzerland, or another country with cross-border transfer obligations, we will provide an appropriate safeguard, such as using standard contractual clauses.

To obtain a copy of the safeguard(s), please contact us using the information provided in the “Contact Us” section below.

Australian Privacy Rights 

This section of our Privacy Policy is applicable to persons located in Australia.  If you are an Australian resident, you may have certain rights to access the personal information we hold about you and to correct personal information we hold about you (if applicable).  To exercise those rights, or if you have any questions about this Policy please reach out using the information in the “Contact Us” section below.  Additionally, personal information about you that you provide while in Australia may be transferred to the United States. 

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 you’re 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. 

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.

Advertising and Marketing Choice

We respect your rights in how your personal information is used and shared.  If at any time you would like to unsubscribe from receiving future emails, you can email us at privacy@dakota.com or follow the instructions at the bottom of each email, and we will promptly remove you from marketing correspondence.  Please note, however, that we may still need to contact you regarding other matters. 

How Long Is Your Personal Information 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.

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. 

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.

Our Commitment to Children’s Privacy

Protecting the privacy of the very young is especially important.  This Site 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 

Dakota’s Site 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 Statement 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.

Policy Changes

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

Contact Us

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