Privacy Policy & Terms of Use

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Last Updated: December 23, 2016

 

We Respect Your Privacy

 

Your access to and use of the products and services of Visible Alpha, LLC (“Visible Alpha”) available through Visible Alpha’s password protected websites www.visiblealpha.com and www.ONEaccess.io (the “Sites), shall be governed by the following terms and conditions of use and privacy statement (“Terms of Use”). These Terms of Use apply to all versions of the Sites, including test, alpha, beta, trial or free versions.

 

Other terms and conditions may apply when you use or access or visit third party websites that may be linked via these Sites. You should read those other terms and conditions carefully. By accessing such other websites, or by purchasing, subscribing or participating in, Visible Alpha’s products or services, you agree to be bound by those terms and conditions. In the event of any conflict or inconsistency, those other terms and conditions will prevail to the extent of that conflict or inconsistency in relation to your use of or access to the other websites, or your purchase, subscription or participation in the relevant products or services, as applicable.

 

These Sites, and the information contained on or through these Sites, may be accessed only by (i) persons who have been authorized by their employer to use these Sites pursuant to these Terms of Use, or (ii) persons who have the authority to bind their employer to the use of these Sites pursuant to these Terms of Use (in each case, an “Authorized User”). By clicking the ACCEPT button at the end of these Terms of Use, you represent that you are an Authorized User and that you accept these Terms of Use and agree to be bound by them.

 

If you, or your employer, do not wish to be bound by these Terms of Use, you must not use these Sites. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THESE SITES.

 

Section 1 – SCOPE AND SITES STRUCTURE
1.1 Content Providers.
As used herein, the term “Content Provider” refers to each third party provider of content provided through these Sites and their respective affiliates.

 

1.2 Structure & Links.
These Sites are a financial information portal provided by Visible Alpha. Through these Sites, you can access and view various categories of commingled financial information, in each case, as provided by the Content Providers to the Sites (each, “Provider Content”). These Sites also contain hyper-links, which allow authorized customers of a Content Provider to click-through to the applicable pages on such Content Provider’s Web Sites on which additional content may be accessed and viewed. In addition, through these Sites, you will have access to financial information provided by Visible Alpha (“VA Content”). Finally, your use of these Sites may lead you, via a hyper-link or otherwise, to use Web sites independently owned and operated by other third parties (“Third-Party Sites”). If you click-through to any Content Provider’s Web site or any Third-Party Sites, either directly or indirectly through these Sites (collectively, the “Linked Sites”), you acknowledge and agree that you shall be subject to the terms and conditions of usage applicable to such Linked Sites.

 

1.3 Disclaimer.
Visible Alpha provides links to the Linked Sites and access to Third-Party Content only as a convenience and without (i) any obligation on the part of Visible Alpha or the Content Providers (which term for purposes of this Section 1.3 shall not include a particular Content Provider when the Linked Sites is that Content Provider’s own Web site) to review such Linked Sites or Third-Party Content or (ii) any liability or responsibility arising out of your use thereof. The fact that you may click-through to Linked Sites or be provided with access to does not mean that Visible Alpha endorses or guarantee such Linked Sites, the Linked Sites’ sponsors or the Linked Sites’ content. Linked Sites content to which you link or are provided access, either directly or indirectly, from or on these Sites will not have been developed, reviewed or monitored by Visible Alpha or the other Content Providers, and Visible Alpha and the Content Providers cannot and do not guarantee or make any representation or warranty, either express or implied, as to the accuracy, validity, sequence, timeliness, completeness or continued availability of any such content. In addition, the Provider Content provided on these Sites speaks only as of the date issued. You should not rely on the Provider Content as expressing a Content Provider’s current opinion or as representing current information. Neither Visible Alpha nor the Content Providers have undertaken, and do not undertake any duty to update the Provider Content on these Sites or otherwise advise you of changes in their opinion or in the information. The Provider Content is provided for your convenience only, and is not a republication or reconfirmation of the opinion or information contained therein.

 

None of the information contained in Sites constitutes a recommendation, solicitation or offer by and person to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service. The information contained in these Sites have been prepared without reference to any particular user’s investment requirements or financial situation. Certain transactions give rise to substantial risk and are not suitable for all investors. Prior to the execution of any transaction by you involving information you received from these Sites, you should consult your business advisor, attorney and tax and accounting advisors with respect to the price, suitability, value, risk or other aspects of any stock, mutual fund, security or other investment. Pricing and other information generated through the use of data or services made available herein may not reflect actual prices or values that would be available in the market at the time provided or at the time that the user may want to purchase or sell a particular security or other instrument. The information and services provided on these Sites are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization. Visible Alpha or a Content Provider is not authorized to provide such information or services. Some products and services described in this web Sites may not be available in all jurisdictions or to all users.

 

1.4 Posted Guidelines.
In addition to these Terms of Use, when using these Sites, you shall be subject to and agree to follow any posted guidelines or rules, which may be posted from time to time. Nothing on these Sites shall be considered a solicitation to buy or an offer to sell a security to any person in any jurisdiction.

 

1.5 Registration Data.
In consideration of your use of these Sites, you and/or your employer agree to: (a) provide true, accurate, current and complete Registration Data (as defined herein in Section 4.1) to Visible Alpha and to the Content Providers either as provided directly to Visible Alpha or the Content Providers by your employer or as prompted by the Site’s registration form and (b) maintain and promptly update the Registration Data, or similar information provided directly to the Content Providers, and to keep the same true, accurate, current and complete.

 

1.6 Passwords.
Provided that your Registration Data is approved and certified by Visible Alpha, a password will be provided to you to permit you to use these Sites and, where authorized, to provide convenient and seamless access to certain Third-Party Web sites and Linked Sites. The password assigned to or by you is for your use only and you are solely responsible for the safekeeping of your password. You are responsible if your password is lost, stolen or misused and you must notify us immediately if any of these events happen. You will be responsible for all activity attributable to your password.

 

1.7 Authorized Users Only.
Only Authorized Users may use the Sites. You shall notify Visible Alpha immediately if they become aware of any unauthorized use of the Sites. If a user is no longer an Authorized User, such as if the user is no longer an employee of your company, you shall notify Visible Alpha immediately and without delay.

 

1.8 Changes to Sites.
Visible Alpha reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the Sites and to suspend and/or deny access to the Sites for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on these Sites may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Visible Alpha does not undertake any obligation or responsibility to update or amend any such information. Visible Alpha may discontinue or change any product or service described in or offered on the Sites at any time.

 

1.9 Right to Terminate User Access.
Visible Alpha reserves the right to limit, restrict and terminate your access to and use of these Sites at any time, in whole or in part, in its sole discretion and without notice.

 

Section 2 – DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
2.1 Information “As Is” and “As Available”.
THE INFORMATION PROVIDED ON OR THROUGH THESE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THESE SITES OR ANY LINKED SITES IS AT YOUR OWN RISK. ALTHOUGH THE INFORMATION ON THESE SITES ARE OBTAINED OR COMPILED FROM SOURCES VISIBLE ALPHA AND CONTENT PROVIDERS BELIEVE TO BE RELIABLE, NEITHER VISIBLE ALPHA NOR ANY CONTENT PROVIDER CAN NOR DOES GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, VALIDITY, SEQUENCE, TIMELINESS, COMPLETENESS OR CONTINUED AVAILABILITY OF ANY INFORMATION OR DATA, INCLUDING THIRD-PARTY CONTENT, MADE AVAILABLE ON THESE SITES OR ON ANY LINKED SITES. IN NO EVENT SHALL VISIBLE ALPHA OR ANY CONTENT PROVIDER BE LIABLE FOR ANY DECISION MADE OR ACTION OR INACTION TAKEN BY YOU IN RELIANCE ON ANY INFORMATION OR DATA, INCLUDING THIRD-PARTY CONTENT, ON THESE SITES OR ON ANY LINKED SITES. VISIBLE ALPHA AND EACH CONTENT PROVIDER FURTHER EXPLICITLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VISIBLE ALPHA, CONTENT PROVIDERS, AND SUPPLIERS OF ALL OTHER THIRD-PARTY CONTENT AND ANY OTHER THIRD PARTY WORKING WITH VISIBLE ALPHA SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OR LOSS (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND ANY AND ALL OTHER FORMS OF DAMAGES OR LOSSES REGARDLESS OF THE FORM OF THE ACTION OR THE BASIS OF THE CLAIM) CAUSED OR ALLEGED TO BE CAUSED IN CONNECTION WITH YOUR USE OF THESE SITES WHETHER OR NOT FORESEEABLE, EVEN IF VISIBLE ALPHA OR ANY CONTENT PROVIDER, SUPPLIERS OF THIRD-PARTY CONTENT OR OTHER THIRD PARTIES WORKING WITH VISIBLE ALPHA IN CONNECTION WITH THESE SITES HAVE BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.

 

Section 3 – Proprietary rights
3.1 Proprietary Rights.
All right, title and interest in these Sites and any content contained herein is the exclusive property of Visible Alpha or the applicable third party data or Content Provider, except as otherwise stated. Unless otherwise specified, these Sites are for your personal and internal-business use only and you may print, copy and download any information or portion of these Sites for your personal use only.

 

3.2 Restrictions.
You may not modify, copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, scrape any data from the Sites, store any data made available by Visible Alpha in a way which is capable of being scraped or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from these Sites, except for the purposes expressly provided herein, without Visible Alpha’s prior written approval. If you copy or download any information or software from these Sites, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

 

3.3 Trademarks.
Visible Alpha, the Visible Alpha logo and other Visible Alpha trademarks and service marks referenced herein are trademarks and service marks of Visible Alpha. The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Visible Alpha or such third party, which may own the marks.

 

3.4 Copyright Agent.
Pursuant to Section 512(c)(2) of the Copyright Act, Visible Alpha designates the following agent to receive notifications of claimed infringement: [copyrights@visiblealpha.com].

 

3.5 Feedback.
You may from time-to-time submit feedback, comments, suggestions, questions, ideas, or other information to Visible Alpha concerning the Sites or Visible Alpha’s products, services, technology, techniques, processes or materials (“Feedback”). Visible Alpha may in connection with any of the Sites and its products and services freely use, copy, disclose, license, distribute and otherwise exploit such Feedback in any manner without any obligation, payment, royalty or restriction whether based on intellectual property rights or otherwise.

 

Section 4 – PRIVACY STATEMENT
4.1 Access.
In order to access these Sites, during the registration process, either you or your employer will be required to provide Visible Alpha with certain information; including your name, employer, title, business address, business telephone number and business e-mail address (“Registration Data”). This Registration Data will be shared only with those Content Providers requested, by you or your employer, to authorize your use of these Sites. In addition, when you request or view Provider Content, the Content Provider providing such Provider Content may obtain user identifiable information related to your request of, or access or use of, such Provider Content (“Access Data”). Access Data will be shared only with the Content Provider providing the Provider Content you request or access. Each Content Provider’s use of Registration Data and Access Data will be governed by such Content Provider’s own privacy policies. The Content Provider privacy policies for www.visiblealpha.com are available here. The Content Provider privacy policies for www.ONEaccess.io are available here. The Registration Data and Access Data are the only user identifiable data that will be shared with the Content Providers authorizing your use of these Sites or providing Provider Content you request or access via these Sites. All other data related to your use of these Sites will be shared with Content Providers strictly as anonymized or aggregated data (“Visitor Data”). While you are accessing these Sites our Web servers may recognize your: (a) domain name; (b) ISP’s domain name; (c) IP address; (d) browser type; and (e) operating system. If you contact us with a technical question, we may collect certain information about your systems, such as: (a) your browser type, version and settings (e.g., Java and cookie settings); (b) connectivity information (e.g., SSL/HTTPS compatibility, bandwidth capacity); and browser plug-in information (e.g., do you have Adobe, what is your media player, can you open Flash files, etc.).

 

4.2 Use of Information.
Except for (i) Registration Data, which will be shared only with those Content Providers requested, by you or your employer, to authorize your use of these Sites, and (ii) Access Data, which will be shared only with the Content Provider providing the Provider Content you request or access, all information collected from you and recorded about you in connection with your use of these Sites will be shared with the Content Providers as anonymized or aggregated data. Registration Data and Access Data may be used by Visible Alpha: (a) in order to allow us to provide you with the products and services included within or accessible from these Sites; (b) in order for us to provide you with access to or from the Linked Sites; (c) for our own internal business, marketing and/or research and development purposes; and (d) in connection with our client services and client management systems.

 

4.3 Disclosure of Information.
Except as otherwise noted herein, Visible Alpha will not rent or sell information we have collected from or about you without your permission, For the purposes specified in the preceding paragraph, we may transfer or disclose Registration Data, Access Data and Visitor Data to any Content Provider of Visible Alpha, wherever located in the world. We may disclose Registration Data, Access Data and Visitor Data to third parties who are contracted to perform services on behalf of Visible Alpha, such as those who assist Visible Alpha in bringing you these Sites and providing you with certain features and functionality included within or accessible via these Sites. We may also disclose Registration Data, Access Data and Visitor Data to third parties in connection with their providing you access to these Sites or to allow you to access the Linked Sites. Disclosures to these third parties will be subject to confidentiality agreements and, where required, governed by contract in the form required by law. Visible Alpha may also be required to disclose information to governmental, regulatory or self-regulatory entities or agencies in response to regulatory inquiries or to comply with applicable laws, rules, regulations, orders, subpoenas or other legal processes.

 

4.4 Consent.
By (a) agreeing to these Terms of Use, which include this Privacy Statement, or (b) by using these Sites, and, in either case, providing any information that may be required, invited or otherwise collected by us as set forth above, you freely consent to Visible Alpha processing your information in the United States and in other countries and territories for the purposes set out in these Terms of Use, and you also consent to the transfer of your information for such purposes to any Content Provider wherever such entity may from time to time be located and to any third parties as described above and in accordance with applicable law and regulations. If you do not wish Visible Alpha to collect any of your information or do not agree with any of the terms and conditions of these terms of Use, you should not use and should exit these Sites. If after registering with Visible Alpha, you desire to withdraw the consent granted in this Section 4.4 for all future use of your information by Visible Alpha, you must notify Visible Alpha in writing at the address listed below in Section 4.8 and immediately cease use of these Sites. In the event you have any questions regarding these Terms of Use, this Privacy Statement or your information that is held by us you may contact us via email at info@visiblealpha.com, or by mailing correspondence to Visible Alpha, 16 West 22nd Street, 12th Floor, New York, NY 10010 and immediately cease use of these Sites.

 

4.5 Inquiries.
If you have any questions regarding this Privacy Statement or your information that is held by us, please contact Visible Alpha in writing using the contact information provided below. If we receive a request regarding your personal information held by us, we will use reasonable means to provide you with such information that we can reasonably compile. You will be given the opportunity to rectify any inaccuracies in such information.

 

4.6 Encryption.
Visible Alpha may use encryption technology to protect certain transmissions of data to/from these Sites, but e-mail and other communications, unless otherwise noted on these Sites, are not encrypted to/from these Sites. Therefore, you should not send any personal or identifying information, such as account numbers, credit card numbers, Social Security numbers, passwords, etc., to Visible Alpha via e-mail. By utilizing e-mail or other electronic communication means you acknowledge that you have no expectation of privacy with respect to the information delivered thereby and that Visible Alpha will not be responsible for any loss or damage that could result from interception by third parties of any information so sent.

 

4.7 Linked Sites.
Please remember that when you leave these Sites and access a Linked Sites you will be subject to the terms of use and privacy policies, if any, of the Linked Sites that you are visiting. Visible Alpha will have no control over the terms of use or privacy policies of such Linked Sites.

 

4.8 Contact Information.
In the event you have any questions regarding these Terms of Use, this Privacy Statement or your information that is held by us you may contact us via email at info@visiblealpha.com, or by mailing correspondence to Visible Alpha, 16 West 22nd Street, 12th Floor, New York, NY 10010.

 

Section 5 – MISCELLANEOUS
5.1 Entire Agreement.
These Terms of Use constitute the entire agreement of the parties hereto with respect to the subject matter hereof and supersede all prior agreements and undertakings, both written and oral, between the parties with respect to the subject matter hereof.

 

5.2 Severability.
If any term or other provision of these Terms of Use is invalid, illegal or incapable of being enforced by any law or public policy, all other terms and provisions of these Terms of Use shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party.

 

5.3 Governing Law; Forum.
These Terms of Use shall be governed in all respects by the laws of the State of New York, and any litigation arising out of or connected in any way with these Terms of Use shall take place in a State or Federal court of competent jurisdiction in New York County, State of New York. Visible Alpha and you acknowledge and agree that unless expressly included in any other agreement between Visible Alpha and you the requirements of the E-Commerce Directive (00/31/EC) as implemented are excluded to the fullest extent permissible by law. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings.

 

5.4 Causes of Action.
Any cause of action you may have with respect to your use of these Sites must be commenced within one (1) year after the claim or cause of action arises.

 

5.5 Waiver of Jury Trial.
YOU WAIVE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY ACTIONS OR PROCEEDINGS DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF USE.

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