Effective as of January 4, 2021
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:
Information Collected Automatically
We may automatically collect the following types of Personal Information as you use our Site or Service:
Cookies and Other Tracking Technologies
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:
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.
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.
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. For example, 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 “How to Contact Us” section below.
CHOICES ABOUT YOUR INFORMATION
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 you “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:
|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.
|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|
1 Categories of Personal Information are as defined in Cal. Civ. Code. § 1798.140(o)
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 Website, 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:
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:
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.
You have the right to request Dakota to disclose the Personal Information it collects, uses, and discloses about you to third parties. There are two types of Rights to Know requests that you can make:
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.
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
Last Updated: January 4, 2021
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:
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:
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:
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 us 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 “How to Contact Us” 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 Statement or under applicable law, contract, or regulation.
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