Last Updated: March 1, 2024
Your access to and use of the products and services of Visible Alpha, LLC (“Visible Alpha”, “we”, “our”, or “us”), located at 8 E 40th St Fl 6, New York, New York, 10016, United States, [email protected] and available through Visible Alpha’s password protected websites accessible on www.visiblealpha.com and other internet-based services (the “Services”), shall be governed by the following privacy policy (“Privacy Policy”). This Privacy Policy describes the types of information we, as a data controller, may collect from you or that you may provide when you use or interact with our Services and our practices for collecting, using, maintaining, protecting, and disclosing that information. Note, your data controller may be one of Visible Alpha’s subsidiaries depending on where you are located.
This Privacy Policy applies to all versions of the Services, including test, alpha, beta, trial or free versions and applies to any data that we collect as part of our sales and marketing efforts relating to the Service. This Privacy Policy also applies to information collected from any of Visible Alpha’s websites that include links to this Privacy Policy and/or that give you notice that this Privacy Policy applies. By using our Services, you acknowledge that you have read and understood this Privacy Policy. This Privacy Policy applies to information collected by us offline or through any other means, including on any third party or through any application or content (including advertising) that may link to or be accessible from our Website.
Other privacy policies may apply when you use, access or visit third party websites that may be linked via the Services. You should read those other privacy policies carefully. By accessing such other websites, or by purchasing, subscribing or participating in, certain of Visible Alpha’s products or services, you will be bound by those third party privacy policies.
As used herein, the term “Content Provider” refers to each third party provider of content provided through the Services and their respective affiliates. Through the Services, you can access and view various categories of commingled financial information and other related information, in each case, as provided by the Content Providers to the Services (each, “Provider Content”). The Services also contain hyper-links, which allow authorized customers of a Content Provider to click-through to the applicable pages on such Content Provider’s websites on which additional content may be accessed and viewed. In addition, through the Services, you will have access to financial information provided by Visible Alpha. Finally, your use of the Services may lead you, via a hyper-link or otherwise, to use websites independently owned and operated by other third parties (“Third-Party Sites”). If you click-through to any Content Provider’s website or any Third-Party Sites, either directly or indirectly through the Services (collectively, the “Linked Sites”), you acknowledge and agree that you shall be subject to the privacy policies and terms and conditions of usage applicable to such Linked Sites and that Visible Alpha is not responsible for any Linked Sites.
In addition to this Privacy Policy, we have established Terms of Use that set forth the general rules and policies governing your use of the Services. A copy of the Terms of Use can be found at visiblealpha.com/terms-of-use.
1. INFORMATION WE COLLECT AND WHY WE COLLECT IT
Our Services collect information about you in the following ways.
(a) Registration Data and Access Data:
In order to access the Services, during the registration process, either you or your employer will be required to provide Visible Alpha with certain information; including your name, your employer, title, business address, business telephone number and business e-mail address (“Registration Data”). This Registration Data will be disclosed only to those Content Providers requested, by you or your employer, to authorize your use of the Services.
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 contains the details of your access or use of Provider Content. Access Data is used by Visible Alpha and provided to Content Providers to ensure that Provider Content is only accessed by users who are entitled or permitted to do so. Access Data will be disclosed only to the Content Provider providing the Provider Content you request or access. Once disclosed to an applicable Content Provider, each Content Provider’s use of Registration Data and Access Data will be governed by such Content Provider’s own privacy policies which will be provided to you once you access the Content Provider’s content.
(b) Data You Provide to Visible Alpha:
If you contact us with a technical question, we may request and collect from you 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 (c) browser plug-in information (e.g., do you have Adobe, what is your media player, can you open Flash files, etc.).
If you use certain portions of the Services, you may be permitted to provide feedback on certain events, phone calls, and other interactions with third parties (“Interactions Data”). If you choose to provide Interactions Data in certain portions of the Services, Visible Alpha will collect the Interactions Data and further publish and incorporate it into the Services. The Interactions Data that you provide may be associated with other information provided to Visible Alpha in connection with the Services.
We may collect data or receive data from third-parties (e.g from our partner or services providers). We will always process any Data we receive in accordance with this Privacy Policy and applicable data protection laws.
(c) Visitor Data:
Other data related to your use of the Services may be disclosed to Content Providers or service providers for the Services (“Visitor Data”). While you are accessing the Services our Web servers may recognize certain data which is anonymized, such as your: (a) domain name; (b) ISP’s domain name; (c) browser type; and (d) operating system. We also may collect Visitor Data which is specific to you or your usage of the Services, such as your IP address.
We may use other types of Visitor Data, such as cookies, web beacons/pixels, and other technology to collect information about you when you visit our Services or interact with our emails. These cookies may be delivered in a first party or third party context. For example, we may collect information about your browser type and version, ISP, viewed web pages, links that are clicked, online searches via the Services, IP address, sites visited before and after visiting the Services, and emails we send that you open, forward, or click through to our Services.
A cookie is a small data file that is stored on your device or your web browser when you visit a Site. A “session cookie” expires immediately when you end your session (i.e., close your browser). A “persistent cookie” stores information on the hard drive so when you end your session and return to the same Site at a later date, the cookie information is still available. A pixel tag (“pixel”) is a small string of code that is used in conjunction with a cookie.
Visible Alpha uses the following cookies to collect information:
By collecting this information we can better understand how you interact with the Services; give you a more personal and optimized online experience by tracking your preferences; keep the Services secure; improve the Services; fulfill contracts with our Content Providers or service providers; and provide more effective customer service to you.
2. HOW WE USE AND DISCLOSE YOUR INFORMATION
(a) Legal Basis: Performance of a Contract – Purpose: To Provide the Services
Registration Data, Access Data, Interactions Data, and Visitor Data is used by Visible Alpha: (a) in order to allow us to provide you with the products and services you have requested included within or accessible from the Services; (b) in order for us to provide you with access to or from the Linked Sites; and (c) in connection with our client services and client management systems.
Some of the personal data you provide to Visible Alpha, including Registration Data and Access Data, is required for Visible Alpha to operate the Services according to the Terms of Use in place with you and to fulfil obligations to Content Providers to validate that only permitted users have accessed Provider Content from Content Providers. We may not be able to perform that agreement without use of such data.
We will only use or disclose your personal data in accordance with applicable law. We use third parties to assist with providing our products and services to you, host our Services, send out email updates about the Services, provide marketing and advertising services for us, remove repetitive information from our user lists, and process payments. These service providers will have access to your personal data if necessary to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information and to impose confidentiality obligations, as well as to ensure appropriate data protection and data security. We also employ appropriate security and technological controls and provisions to protect against unauthorized Visible Alpha employee access to your personal data.
In order to provide the Services, we may transfer or disclose Registration Data, Access Data, Interactions Data, and Visitor Data to any Content Provider of Visible Alpha or to third parties in connection with their providing you access to the Services 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.
Registration Data will be disclosed only to those Content Providers requested, by you or your employer, to authorize your use of the Services. Access Data will be disclosed only to the Content Provider providing the Provider Content you request or access in order to ensure that Provider Content is only accessed by users who are entitled or permitted to do so. Interactions Data may be incorporated into the Services and displayed for viewing and use by other users of the Services.
(b) Legal Basis: Legitimate Interest or Your Consent – Purpose: Marketing
We may provide you with information about our products and services for our legitimate interest to promote similar products and services and where permitted by law or with your consent. You may opt out of receiving marketing e-mail from us by following the opt out instructions provided in each e-mail.
We may disclose your to third-parties who conduct marketing on our behalf.
(c) Legal Basis: Compliance with Legal Obligations – Purpose: Ensure and Demonstrate Compliance
We use your personal data where we need to comply with a legal obligation under UK or, European Union law or European Union Member State law.
(d) Legal Basis: Legitimate Interests
We process your personal data where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. These interests include:
- For our own internal business and research and development purposes (e.g., to analyze trends, to improve our Services, to conduct marketing and marketing analysis, to personalize user experience).
- To provide and fulfill contractual obligations to Content Providers for: entitlement (including reverse entitlement); communication between you and the Content Providers including search capabilities to identify buy side users; identification of buy side user interactions and consumption preferences; and opt in anonymized peer analysis.
- Where the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Services to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, in which case we may transfer or sell your personal data to the new owner. In such a case, unless permitted or otherwise directed by applicable law, your information would remain subject to the terms of the applicable privacy policy in effect at the time of such transfer.
- Where we reasonably need to access, use, preserve or disclose information as reasonably necessary to:
- Meet any applicable law other than UK, European Union law and European Union Member State law, regulation, subpoena, legal process or governmental request.
Visible Alpha may 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. - Enforce applicable Terms of Use, including investigation of potential violations.
- Ensure business continuity.
- Detect, prevent, or otherwise address fraud, security or technical issues.
- Protect against harm to the rights, property or safety of Visible Alpha, our affiliates, our users, customers or the public as required or permitted by applicable law, including to protect and manage legal claims and defend our position.
- Meet any applicable law other than UK, European Union law and European Union Member State law, regulation, subpoena, legal process or governmental request.
We may disclose your personal data to our affiliates and group companies for the purpose of data centralization, support and administration of the Services and Visible Alpha’s services as well as to facilitate the legitimate interests set forth above.
3. APPLICANTS FOR EMPLOYMENT
If you apply for employment with Visible Alpha, we collect information that you provide to us when you complete and submit your employment application, and any information you provide to us as a follow-up to your application. We may also collect information about you from vendors and service providers that we work with in the application process, such as vendors that process or review applications, that suggest candidates for us, or that assist with an applicant’s potential relocation.
We may use the information we collect, in order to:
- Process and evaluate an applicant’s application, qualifications, and credentials for employment with Visible Alpha;
- Contact applicants regarding the status of their application for employment;
- Assist with the onboarding of an applicant into employment;
- Conduct internal research;
- Conduct background checks;
- Monitor Visible Alpha’s recruitment initiatives and equal opportunities policies;
- Determine an applicant’s need for special accommodations;
- Evaluate an applicant’s legal ability or capacity for employment; Detect security incidents, protect against malicious, deceptive, fraudulent, or otherwise illegal activity; and
- Determine the terms of an applicant’s potential employment with Visible Alpha.
We may disclose your information to our affiliates and with service providers who assist us in the application process such as background check, relocation, and executive search vendors, or vendors who otherwise process applications. We may also disclose your information to satisfy any applicable law, regulation, subpoenas, court orders, warrants, governmental requests, or legal process if in our good faith opinion such is required or permitted by law. We may also disclose your information to a third-party performing audit, legal, operational, or other similar services for or on behalf of Visible Alpha. Moreover, we reserve the right to disclose and transfer the information we collect: (i) to a subsequent owner, co-owner, or operator of the Website or associated databases; or (ii) in connection with the negotiation, planning, or completion of a corporate merger, consolidation, restructure, sale of substantially all of our shares or assets, or other corporate change.
4. CONTACT INFORMATION
If you do not wish for Visible Alpha to collect any of your information, you should not use and should exit the Services. If after registering with Visible Alpha, you do not wish to use the Services and have your personal data processed by Visible Alpha, you must send a request to Visible Alpha in writing at the address listed below and immediately cease use of the Services.
For UK, EU and Asia residents, if you have any questions about this privacy notice or how we handle your personal data, please contact Danny Pamma, New Broad Street House, 35 New Broad Street, London, United Kingdom EC2M 1NH or at [email protected].
For US residents, if you have any questions about this privacy notice or how we handle your personal data, please contact Michelle McGuinness, Visible Alpha, 8 East 40th Street, 6th Floor, New York, NY 10016. or at [email protected].
In the event you have any questions regarding this Privacy Policy or your information that is held by us you may contact us via email at [email protected], or by mailing correspondence to Visible Alpha, 8 East 40th Street, 6th Floor, New York, NY 10016.
5. YOUR RIGHTS
If you have questions about your personal data, you can contact us at [email protected]. You can opt-out of receiving marketing and promotional e-mails from Visible Alpha by using the opt-out or unsubscribe feature contained in the e-mails.
You can close your online user account by emailing us at [email protected]. If you close your account, we will no longer use your online user account information or disclose it to third parties. We may, however, retain a copy of the information for a period of time reasonably necessary for archival purposes, for evidential purposes, and to avoid identity theft or fraud.
- You have rights to access your personal data, and to obtain a copy of your personal data and in certain situations to obtain correction, erasure and restriction of processing (restriction of processing does not apply in India) of your personal data.
- In certain situations (for example, this right does not apply in India), you have a right of data portability, so that personal data which you have provided to us may be transmitted to another data controller, where technically feasible.
- You have the right to object to processing of your personal data based on the legitimate interests set forth above in Section 2 of this Privacy Policy (note, this right does not apply in India – but you may withdraw consent).
- You have the right to object to any direct marketing by Visible Alpha, even if you have previously given your consent to direct marketing by Visible Alpha (note, this right does not apply in India – but you may withdraw consent).
- Where processing is based on your consent you have a right to withdraw this consent at any time without affecting the lawfulness of the processing based on consent before its withdrawal.
- You have the right to make a complaint at any time to the appropriate data protection authority in your country of residence.
6. DATA RETENTION
We will only retain your personal data, including all categories of personal information that we collect as explained in Section 10 (CALIFORNIA PRIVACY RIGHTS) and 13 (INDIA PRIVACY RIGHTS), for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We will keep your personal data for the time during which your user account is open (or, if you do not have a user account, for a reasonable period) or, if longer, the period required by applicable law.
To determine the appropriate retention period for your personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we anonymize your personal data so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you no longer hold a user account, we will retain and securely destroy your personal data in accordance with our data retention policy and applicable laws and regulations.
Data collected based on your consent for the purpose of marketing communications will be retained for as long as you give your consent to Visible Alpha for the processing of your personal data for marketing communications or if later, if permitted under another legal basis.
7. INTERNATIONAL TRANSFERS
We may transfer your personal data to third countries where we have a reason for doing so and then only as permitted by law. A copy of the transfer mechanism implemented may be requested by sending an email to [email protected].
8. CHANGES TO OUR PRIVACY POLICY
Our Privacy Policy may change from time to time. We will post any privacy policy changes on this page and, and change the “last updated” date above. If the changes are significant, we will provide a more prominent notice as we deem appropriate. We will also keep prior versions of this Privacy Policy in an archive. We encourage you to check this Privacy Policy whenever you use any of our Services or otherwise interact with us to understand how we process your personal data.
9. SECURITY OF YOUR INFORMATION
We use commercially reasonable physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal data. Visible Alpha is also ISO 27001 certified. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information.
Visible Alpha uses encryption technology to protect certain transmissions of data to/from the Services, but e-mail and other communications, unless otherwise noted on the Services, are not encrypted to/from the Services. 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.
Please remember that when you leave the Services and access 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.
10. CALIFORNIA PRIVACY RIGHTS
The California Consumer Privacy Act (“CCPA”) ”), as amended by the California Privacy Rights Act (“CPRA”) (Civil Code Section 1798.100, et seq.) (collectively “California Law”), provides eligible California residents with specific rights with respect to our collection and use of personal information. This Section (CALIFORNIA PRIVACY RIGHTS) supplements the Privacy Policy and applies solely to eligible residents of California as of January 1, 2023. Any terms not defined in this section have the same meaning as defined in California Law.
(a) Information We Collect:
In the context of the Services, we collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from our consumers within the last twelve (12) months:
| Category | Examples | Collected? |
|---|---|---|
| Identifiers. | This category may include: name, postal address, unique personal identifiers, online identifiers, email address, account name, or other similar identifiers. Under California Law, “unique identifiers” or “unique personal identifier” means a persistent identifier that can be used to recognize a consumer, a family, or a device that is linked to a consumer or family, over time and across different services, including, but not limited to, a device identifier; an Internet Protocol address; cookies, beacons, pixel tags, mobile ad identifiers, or similar technology; customer number, unique pseudonym, or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device. | YES |
| Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | This category may include: name, signature, Social Security number, physical characteristics, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education or employment information, financial account numbers, medical information, or health insurance information. | YES |
| Protected classification characteristics under California or federal law. | This category may include: age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex and gender information, veteran or military status, or genetic information. | YES |
| Commercial Information | This category may include: records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | YES |
| Biometric Information | This category may include: imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a face print, a minutiae template, or a voiceprint, can be extracted. | NO |
| Internet or other electronic network activity information. | This category may include: browsing history, search history, and information regarding interactions with an Internet Web site, application, or advertisement. | YES |
| Geolocation Data | This category may include: physical location or movements. | YES |
| Sensory Data | This category may include: audio, electronic, visual, thermal, olfactory, or similar information. | NO |
| Professional or employment-related information. | This category may include: current or past job history or performance evaluations. | YES |
| Non-public education information | This category may include: education records directly related to a student maintained by an educational institution or party acting on its behalf (e.g., grades, transcripts, schedules, and student ID numbers). | YES |
| Inferences drawn from other personal information. | This category may include: inferences drawn from the above information that may reflect your preferences, characteristics, predispositions, behavior, attitudes, or similar behavioral information. | YES |
Please note that some of the categories of personal information described in California Law overlap with each other; for instance, your name is both an Identifier and a type of data described in Cal. Civil Code 1798.80(e).
Personal information does not include publicly available information from government records or any deidentified or aggregated consumer information. In addition, California Lawexcludes the following from its scope: health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
We collect this information directly from you when you provide it to us; automatically as you navigate through the different websites for the purpose of the Services (which may include usage details, IP addresses, browser type, location information, and information collected through cookies and other tracking technologies; and from third parties (e.g., our business partners, when you register through a third party for a Visible Alpha event). For more information, see Section 1 (INFORMATION WE COLLECT AND WHY WE COLLECT IT) above.
(b) Use of Personal Information:
We may use the personal information we collect about you for the purposes described in Section 1 (INFORMATION WE COLLECT AND WHY WE COLLECT IT) and Section 2 (HOW WE USE AND DISCLOSE YOUR INFORMATION).
(c) Disclosure of Personal Information:
Visible Alpha may disclose your personal information to third parties for a business purpose. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. California Law prohibits service providers and contractors who access the personal information we hold from selling or sharing – as those terms are defined by California Law- such information.
We disclose your information for the business purposes as described in Section 2 (HOW WE USE AND DISCLOSE YOUR INFORMATION). In the preceding twelve (12) months, Visible Alpha has disclosed categories of personal information identified in Subsection 10(a) (Information We Collect) to the following third parties for a business or commercial purpose:
- Internally: We may disclose your personal information to our affiliates, business partners, employees and other parties who require such information to assist us with establishing, maintain and managing our business relationship with you.
- Service Providers or Contractors: We many disclose your personal information to our service providers or contractors (including third-party hosting providers that provide services on our behalf, such as for email marketing, data analytics, newsletters, notice and other communications, or that assist us in monitoring, improving and hosting the Services.
- In the Event of a Business Transaction: If we are exploring or go through a business transition or financial transaction, such as a merger, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy, securities offering, or sale of all or a portion of our assets, we may disclose your personal information to a party or parties in connection with exploring or concluding such transaction.
- For Legal Purposes: We disclose your personal information when we think it is necessary to investigate or prevent actual or expected fraud, criminal activity, injury or damage to us or others; when otherwise required by law, regulation, subpoena, court order, warrant or similar legal process; or if necessary to assert or protect our rights or assets.
- With Your Consent or Authorization: To anyone for whom you have authorized disclosure of information in this Privacy Policy.
- Other: We may disclose your personal information to any other third party for such purposes as disclosed by us in this Privacy Policy or when you provide your information.
(d) Sales and Sharing of Personal Information:
[We do not sell your personal information for direct, monetary profit. However, we do engage in certain information disclosure activities that may be considered “sales” or “sharing” under California Law. In the last twelve (12) months, we have shared or sold the following personal information:
| Category | Business or Commercial Purpose | Categories of Third Parties to Whom Personal Information was Disclosed That May be Considered a “Sale/Sharing” Under California Law |
|---|---|---|
| Identifiers. |
|
|
| Internet or other similar network activity. |
|
|
We do not knowingly sell or share the personal information of consumers under 16 years of age.]
(e) Your Rights & Choices:
- Right to Know About Personal Information Collected, Disclosed, Shared, or Sold
You have the right to request that we provide certain information to you about our collection and use of your personal information. Specifically, you have the right to request disclosure of the categories of personal information and specific pieces of personal information we have collected about you. Upon the submission of a verifiable consumer request (see the “Exercising your California Privacy Rights” Subsection), we will disclose to you:
- The categories of personal information we collected about you;
- The categories of sources from which personal information was collected;
- Our business or commercial purpose for collecting personal information;
- Our business or commercial purpose for disclosing, selling, or sharing personal information; and
- The categories of third parties with whom we disclosed, sold, or shared personal information.
We will also provide the specific pieces of personal information we collected about you, subject to certain exceptions under applicable law, if you also request access to such information.
- Right to Request Deletion of Personal Information
If you are an eligible California resident, you also have the right to request that we delete any of your personal information that we collected from you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will conduct a reasonable search of our records in order to locate any personal information we have collected about you that is eligible for deletion, and delete such personal information. To the extent we have shared any personal information collected about you with service providers or contractors that is eligible for deletion, we will direct those service providers or contractors to delete that personal information as well. For the sake of clarity, however, Visible Alpha may not be able to comply entirely with your request to delete all of your personal information as set forth under California Law. Specifically, we are not required to delete any personal information we have collected about you that is necessary for us and our service provider(s) or contractor(s) to:
- Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between Visible Alpha and you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
- Debug, identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
- Comply with a legal obligation, such as retaining records for a period of time as set out in local, state, or federal laws.
- Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided your information.
Following a deletion request, any personal information about you that was not deleted from our systems will only be used for the purposes provided for by the applicable exceptions. Thus, all personal information about you that is not subject to a deletion exception will either be (1) permanently deleted on our existing systems (with the exception of archived or back-up systems maintained for emergency disaster recovery and business continuity purposes); (2) de-identified; or (3) aggregated so as to not be personal to you.
- Right to Correct Inaccurate Personal Information
You have the right to request that we correct any inaccuracies in the personal information that we maintain about you.
- Right to Opt Out of the Sales or Sharing of Personal Information
If Visible Alpha sells or shares your personal information to third parties, you may have the right to opt out of the sale or sharing of such information.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:
Do Not Sell or Share My Personal Information
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sharing or sales. However, if at a later time, you wish to allow us to share or sell your personal information to third parties, you must opt into such sharing or sales, and may do so by emailing [email protected]. If a transaction requires the sharing or sale or transmission of your personal information in order to complete the transaction, we will notify you and provide instructions on how you can opt in.
- Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you for exercising any of your privacy rights. Unless in compliance with applicable law, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
- Exercising Your California Privacy Rights
To exercise your California Law rights described above, you may submit a verifiable consumer request to us by either:
- Sending an email to [email protected]
- Submitting a request via our Internet webform https://visiblealpha.com/privacy-policy/opt-out/
To exercise your right to know, delete, or correct your personal information as described above, we need to verify your identity or authority to make the request and confirm the personal information relates to you. 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. You may, however, make a verifiable consumer request on behalf of your minor child if necessary. Additionally, you may only make a verifiable consumer request to access your personal information twice within a 12-month period.
Your verifiable consumer request must: (i) provide sufficient proof of your identity; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
- Response Timing and Format
We will make our best effort to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Within ten (10) days of receiving the request, we will confirm receipt and provide information about its verification and the processing of the request. Visible Alpha will maintain records of consumer requests made pursuant to California Lawas well as our response to said requests for a period of at least twenty-four (24) months.
If you have an account with us, we may require you to take delivery of our written response through that account. If you do not have an account with us, we will deliver our written response electronically, though you may alternatively choose to receive delivery by mail. The response will also explain the reasons we cannot comply with a request, if applicable. Requests for specific pieces of information that we have collected about you will be sent in a portable, readily useable format that you may transmit to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
11. COLORADO, CONNECTICUT, UTAH, AND VIRGINIA PRIVACY RIGHTS
For eligible residents of Colorado, Connecticut, Utah and Virginia, you also have rights with respect to the personal information, also known as personal data, that we collect about you. This Section supplements this Privacy Policy and applies solely to eligible residents of Colorado, Connecticut, Utah and Virginia. Any terms not defined in this section have the same meaning as defined under the applicable Colorado, Connecticut, Utah and Virginia privacy law, including the Colorado Privacy Act, Connecticut Data Privacy Act, Utah Consumer Privacy Act, and Virginia Consumer Data Protection Act. Subject to certain exceptions, if you are an eligible resident of one of these states, you have certain privacy rights which may include, depending on your state of residency:
- Right to Access. You have the right to confirm whether we process your personal information and the right to access such personal information. You also have the right to obtain your personal information in a portable, and to the extent reasonably feasible, readily usable format that you can transmit without hinderance.
- Right to Delete. You have the right to request that we delete the personal information you have provided to us or that we have otherwise obtained about you.
- Right to Correct. Except for residents of Utah, you have the right to request that we correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing of your personal information.
- Right to Opt Out. You have the right to opt out of the processing of your personal information for the purposes of (i) targeted advertising, (ii) the sale of your personal information, and (iii) except for residents of Utah, profiling in furtherance of decisions, including, for eligible residents of Connecticut, solely automated decisions, that produce legal or similarly significant effects.
- Right to Appeal. Except for residents of Utah, you have the right to appeal our decision with regard to your request to exercise any rights described herein.
You do not need to create an account with us to exercise your Colorado, Connecticut, Utah and Virginia privacy law rights. If you would like to exercise the rights described in this Section, including the right to opt out, please submit a request to us by either:
- Sending an email to [email protected]
- Submitting a request via our Internet webform https://visiblealpha.com/privacy-policy/opt-out/
12. CHINA PRIVACY RIGHTS
The Personal Information Protection Law (“PIPL”) applies to the processing of personal information of individuals in China. Visible Alpha collects and processes your personal information in compliance with the PIPL and other applicable legal provisions of the People’s Republic of China.
(a) Information We Collect
For the purpose of this Section 12, personal information refers to all types of information, whether recorded in electronic or other formats, relating to an identified or identifiable natural person, excluding anonymized information (“Personal Information”).
When you use or interact with our Services, we will ask for your consent when required, to collect the information described in Section 1 of this Privacy Policy. Please take into account that, if you decide not to make such Personal Information available to us, we may not be able to provide you with suitable Services (including website services) to the same standard.
(b) Children’s Personal Information
Our products, websites and services are mainly adult oriented. We do not knowingly collect information of children under age of 14 without prior consent of the parents or guardians. We ask children under the age of 14 not to provide us with Personal Information. In the event that you believe we have collected information of children under the age of 14 without prior consent of the parents or guardians, you may contact us via the contact information listed in Section 4 of this Privacy Policy, and we will delete the concerned Personal Information as soon as possible.
(c) Basis For Collecting, Processing And Disclosing Your Personal Information
Section 2 of this Privacy Policy explains how and why we process your Personal Information, as well as the legal bases on which we carry out this processing.
(d) Your Rights
- Right to Know, to Decide, to Refuse, and the Right to Limit the Processing of Personal Information
Unless otherwise stipulated by laws or administrative regulations, you have the right to know about the processing of your Personal Information. You also have the right to make decisions, and the right to limit or refuse others to process your Personal Information.
- Right to Access and Copy
Unless restricted by law, you have the access to and copy your Personal Information that we hold. If you request to access to or copy your Personal Information, we will provide such information in a timely manner.
- Right to Rectify or Complete
If you believe that your Personal Information is erroneous or incomplete, you have the right to request that we rectify the Personal Information that we hold. If you request to rectify or complete your Personal Information, we will check and correct or complete such information in a timely manner.
- Right to Delete
You have the right to request that we delete your Personal Information in the following situations:
- The purpose of processing your Personal Information has been fulfilled, cannot been fulfilled, or is no longer necessary;
- We stop providing Services to you, or the retention period expires;
- Your withdrawal of consent to the processing of your Personal Information;
- Personal Information is processed in violation of laws, administrative regulations or any applicable agreements; or
- Any other circumstances stipulated by laws and administrative regulations.
If the retention period stipulated by laws and administrative regulations have not expired, or if it is technically difficult to delete your Personal Information, we will stop processing your Personal Information – except for storage purposes. In any event, we will take necessary security measures to protect your Personal Information.
For more information on the retention period, please refer to Section 6 of this Privacy Policy.
(e) Other Legitimate Interests
In accordance with applicable laws, regulations and national standards, in order to pursue public interests and other legitimate interests, we may collect and use your Personal Information without obtaining your consent under certain circumstances, (e.g., when we are required to disclose or share Personal Information to the police, a court of law, or for other legal reasons).
(f) Sharing Personal Information
We only use your Personal Information within Visible Alpha for the business purposes described in Section 2 of this Privacy Policy. Under no circumstances will we share or sell your Personal Information to third parties for their marketing purposes, and you will not receive marketing information from any other company or organization for providing information to us. However, in some cases, Visible Alpha may disclose your Personal Information to third parties for a business purpose. Before we share your Personal Information to third parties, we will inform you on the name of the third party, the purpose for processing, the method, type and applicable retention period. When we disclose Personal Information for a business purpose, the relevant third parties act only at our instruction and we will contract with them to protect your Personal Information and only for the purposes for which it was collected. The legal basis for sharing your Personal Information is your consent.
(g) Sensitive Personal Information
Sensitive Personal Information refers to Personal Information that, once leaked or illegally used, may easily cause harm to the dignity of natural persons or endanger personal or property safety. Sensitive Personal Information includes, for example, biometric information, information on religious belief, medical and health care information, financial information, location tracks and other information, as well as Personal Information of minors under the age of 14 (“Sensitive Personal Information”).
We do not knowingly collect Sensitive Personal Information without your specific prior consent. We ask you not to provide us with Sensitive Personal Information when you use or interact with our Services. In the event that you believe we have collected Sensitive Personal Information without your specific prior consent, you may contact us via the contact information listed in Section 4 of this Privacy Policy, and we will delete the concerned Personal Information as soon as possible.
(h) Cross-Border Transfer
All Personal Information you provide through our website is stored on our secured servers located in India, the United States and Germany.
13. INDIA PRIVACY RIGHTS
The Digital Personal Data Protection Act, 2023 (“DPDP Act” or “the Act”) governs the personal data processing activities of a broad range of organisations that operate in the Indian market.
Scope
The DPDP Act applies to personal data processing in India where such data is in digital form or is in non-digital form and is digitized subsequently. It will also apply to processing outside of India if the processing is in connection with any activity related to the offering of goods or services in India.
The DPDP Act covers “data fiduciaries” and “data processors” (which overlap with the concepts of data controller and data processor in the UK and EU GDPR, respectively.
We may use the personal information we collect about you for the purposes described in Section 1 (INFORMATION WE COLLECT AND WHY WE COLLECT IT) and Section 2 (HOW WE USE AND DISCLOSE YOUR INFORMATION). We disclose your information for the business purposes as described in Section 2 (HOW WE USE AND DISCLOSE YOUR INFORMATION).
Lawful Basis for Processing
Data fiduciaries must have a lawful purpose of processing and adhere to other processing principles. We will process personal data as set out above unless otherwise stated in this section. Consent will always be collected except in circumstances where there is a “legitimate use” of the data. Where applicable, we will provide a “consent manager” from time to time. Data fiduciaries may rely on certain legitimate uses to process personal data under limited circumstances, when obtaining consent to lawfully process personal data may be practically infeasible.
Whilst contractual necessity and legitimate interests are not a lawful basis for processing under the DPDP Act, we believe there is a legitimate interest – i.e that data has been provided for the specified purpose for which the Data Principal has voluntarily provided personal data to the Data Fiduciary (Visible Alpha), and in respect of which they has not indicated to the Data Fiduciary that she does not consent to the use of her persona data.
Where we process your data under legitimate interests above, we will only do so under the DPDP Act where we have your consent or
Rights
The DPDP Act grants rights to individuals including the right to access, correction, erasure, nominating individuals and seeking grievance redressal. The DPDP Act does not contain a right to object, right to data portability or a right not to be subject to automated decision making– as such we may not provide those rights for processing under the DPDP Act.
You may request a copy of this notice translated into any of the 22 languages specified in the Indian constitution
