PRIVACY POLICY

 

Last Updated: May 18, 2018

Your access to and use of the products and services of Visible Alpha, LLC (“Visible Alpha”) 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 applies to all versions of the Services, including test, alpha, beta, trial or free versions. This Privacy Policy also applies to any data that we collect as part of our sales and marketing efforts relating to the Service.

 

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

 

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, 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 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 shared only with the Content Provider providing the Provider Content you request or access. Once shared with 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.

 

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.

 

If you use the Marketplace feature of the Services, you may be asked to provide certain information in order to purchase or request information or reports (“Marketplace Data”).  Visible Alpha will use Marketplace Data to provide you with the information or reports you request, to obtain payment from you, and to provide payment to the providers of information or reports on the Marketplace.

 

Visitor Data:  Other data related to your use of the Services may be shared with 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.

 

 

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.

 

  1. HOW WE USE AND SHARE YOUR INFORMATION

 

We will only use or share your personal data when the law allows us to do so.

 

To Provide the Services and Information.

 

Registration Data will be shared only with those Content Providers requested, by you or your employer, to authorize your use of the Services.  Access Data will be shared only with 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.

 

Marketplace Data will be used to provide you with the information or reports you request, to obtain payment from you, and to provide payment to the providers of information or reports on the Marketplace.

 

Registration Data, Access Data, Interactions Data, Marketplace Data, and Visitor Data may also be 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; (c) for our own internal business and/or research and development purposes; and (d) in connection with our client services and client management systems.

 

Some of the personal data you provide to Visible Alpha, including the Registration Data and Access Data, is required for Visible Alpha to fulfill its obligations to Content Providers.  Visible Alpha must use such data to validate that only permitted users have accessed Provider Content from Content Providers.

 

Where you must provide personal data to us to perform an agreement with you, we may not be able to perform that agreement without use of such data.  Some of the personal data you provide to Visible Alpha, including Registration Data, Access Data, and Marketplace Data, is required for Visible Alpha to operate the Services according to the Terms of Use in place with you.

 

In order to provide the Services, we may transfer or disclose Registration Data, Access Data, Interactions Data, Marketplace 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. 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.

 

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 information in order to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to help us provide the service. We also employ appropriate security and technological controls and provisions to protect against unauthorized Visible Alpha employee access to your personal information.

 

Marketing.  We may provide you with information about our products and services where permitted by law or with your consent.  You may opt out of receiving marketing e-mail from us by following the instructions in each e-mail.

 

Your Consent. We may use and share your personal data (including with companies, organizations or individuals outside of Visible Alpha) when we have your consent to do so.

 

Legal obligations. We may use your personal data where we need to comply with a legal obligation.

 

Legitimate or vital interests. We may 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 may include:

 

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 information 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, regulation, subpoena, legal process or governmental request.

 

Enforce applicable Terms of Use, including investigation of potential violations.

 

Detect, prevent, or otherwise address fraud, security or technical issues.

 

Protect against harm to the rights, property or safety of Visible Alpha, our users, customers or the public as required or permitted by law.

 

Other uses. We may also use your personal data in the following situations:

 

Where we need to protect your interests (or someone else’s interests).

 

Where needed in the public interest.

 

Use within Visible Alpha companies. We may share your personal data with 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.

 

If you do not wish for Visible Alpha to collect any of your information or do not agree with this Privacy Policy, 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 notify Visible Alpha in writing at the address listed below and immediately cease use of the Services. 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 privacy@visiblealpha.com, or by mailing correspondence to Visible Alpha, 8 East 40th Street, 6th Floor, New York, NY 10016 and immediately cease use of the Services.

 

  1. RIGHTS OF ACCESS, CORRECTION, ERASURE AND RECTIFICATION OF YOUR INFORMATION AND CHOICES

 

If you have questions about personal information we have about you can contact us at privacy@visblealpha.com. 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 privacy@visibleaplpah.com. If you close your account, we will no longer use your online user account information or share it with third parties. We may, however, retain a copy of the information for a period of time reasonably necessary for archival purposes, and to avoid identity theft or fraud.

 

If you have any questions about this privacy notice or how we handle your personal data, please contact Roma Greening, New Broad Street House, 35 New Broad Street, London, United Kingdom EC2M 1NH or at privacy@visblealpha.com.

 

You have the right to make a complaint at any time to the appropriate data protection authority in your country of residence.

 

Please note that you have rights to obtain a copy of your personal data and in certain situations to obtain correction, erasure and restriction of processing of your personal data.

 

You have a right of data portability.

 

You have the right to object to processing of your personal data based on the legitimate interests set forth above in Section 3 of this Privacy Policy.

 

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.

 

Where processing is based on your consent you have a right to withdraw this consent at any time.

 

  1. DATA RETENTION

 

We will only retain your personal data for as long as necessary to fulfil 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 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 may 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 information 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.

 

  1. INTERNATIONAL TRANSFERS

 

We may transfer your personal data to countries outside the EEA in which case we will do so in accordance with the EU Commission standard contractual clauses or as otherwise permitted by law.

 

  1. CHANGES TO OUR PRIVACY POLICY

 

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your consent in accordance with applicable law. We will post any privacy policy changes on this page and, 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 for your review.

 

  1. 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 information. 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 may use 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.