Effective Date: April 1, 2023
1. COLLECTION AND USE OF YOUR PERSONAL INFORMATION
A. INFORMATION WE PROCESS
Hedgeye and its designated service providers, collect, store, use, and/or process (collectively “Processes” or “Process”) information that you provide via the Services, including on our Website, or third-party websites and applications when you subscribe or “opt in” to our Communication, or an offer provided by a third party you authorize to provide us with your Personal Information, and when you interact with our Services, communications, and advertisements. We Process the following categories and specific types of Personal Information: (information within some categories may overlap)
We Process names, email addresses, telephone numbers, billing addresses, shipping addresses, usernames, passwords, Internet protocol (“IP”) addresses, unique identifiers (such as information collected through cookies and similar technologies), and device IDs.
ii. Customer information:
We Process names and telephone numbers. We may Process education, employment, and employment history information. If you make a purchase, we Process the billing address, expiration date, and the last four digits of your payment card (this is retained for receipts and record-keeping purposes and is not enough to charge the card).
iii. Commercial information:
We Process records of products and services that you purchased, obtained, or considered, or other purchasing or consuming history or tendencies, and your engagement or interactions with the Services or our staff.
iv. Internet or electronic network information:
We Process information about your use of our website and services, including access times, pages viewed, login and signup information, email opens and links clicked, unsubscribe information, your IP address, and information about the browser and/or device that you use to access the Services.
v. Geolocation Information:
We Process non-exact location information derived from an IP address.
vi. Professional or employment-related information:
We Process information about your job title and company or employer affiliation.
vii. Audiovisual information:
We Process audio or audiovisual recordings if you agree to appear in a Hedgeye broadcast or social media event, or similar event.
viii. Inferences drawn from Personal Information collected:
We may draw inferences about you based on the other types of Personal Information we Process to create a profile to improve and advertise our products and services.
In addition to the aforementioned, we may process other information that you elect to provide to us in a manner consistent with the purposes for which the information was provided.
Certain Personal Information is required to provide the Services to you. If you do not provide the Personal Information we ask for, it may prevent us from providing the Services to you.
Certain Services may require that we request additional information in compliance with applicable laws, regulations, and good business practices governing the financial industry.
B. SOURCES OF INFORMATION
i. Information you provide directly to us:
Hedgeye primarily collects Personal Information about you from you directly when you provide it to us voluntarily through our Website or mobile applications, via email, in response to our advertisements, or when you engage with us on social media, on Hedgeye broadcasts, or in a similar manner. For example, when you sign up to receive our emails or create an account on our Website, we collect your name, email address, and other information that you choose to provide to us.
ii. Information we collect automatically:
Hedgeye and its service providers, analytics providers, and advertising partners collect information automatically from your browser or device, for example, through cookies or similar technologies on our Website or in our Services, or via our IT systems’ monitoring of our Website. This includes information about the type of browser you use, the device you use to access our Services, your IP address, and your interaction with our emails, Website, and Services.
iii. Information we collect from other sources:
To the extent permitted by applicable law, Hedgeye engages third parties to collect Personal Information on our behalf and collects Personal Information directly from third parties such as service providers, advertising partners, and publicly available sources such as business websites. For example, we may collect your Personal Information when you authorize a social media platform or our advertising partners to provide it to us. Additionally, where you receive our Services as part of an institutional subscription, we may collect your information from the relevant institution, typically your employer or their affiliate. We may combine information we receive from other sources with Personal Information we collect from you or your device and use it as described below.
C. USE OF YOUR PERSONAL INFORMATION
Hedgeye Processes your Personal Information in order to provide our Services and to provide for the proper operation of our Website and other carefully considered business purposes, which include:
D. DATA RETENTION
Hedgeye retains data, including Personal Information, for so long as reasonably required or permitted to fulfill the purposes for which the data was collected. We will retain your Personal Information for as long as you maintain a subscription account with us or while we provide services to you. Thereafter, we will retain Personal Information as long as appropriate to comply with applicable legal or regulatory obligations or to defend against claims.
2. USE OF “COOKIES” AND OTHER ELECTRONIC TOOLS
3. DIRECT MAILING
If you subscribe to any of our Services, we may send you information about other products and services. If you subscribe to any of our Services, or if you register for a custom service or contract, we may contact you to confirm your purchase or subscription, or to provide you with information about its terms or features.
4. DISCLOSURE OF YOUR PERSONAL INFORMATION
1.) Hedgeye affiliates or subsidiaries.
2.) Service providers, contractors, and other third parties who support our services, including email service providers, advertising partners, chat services, cloud computing services, web hosting providers, customer relationship management providers, e-signature providers, mobile application platforms, and website and data analytics providers. Our disclosure of your information to these providers is governed by contracts that limit their processing of and safeguard your information.
3.) other Hedgeye users or Website visitors when you post Personal Information on a blog or community forum (such as The Arena) that we may provide; and
4) the relevant institutional subscriber (typically your employer or their affiliate), and other third parties at their direction, if you receive the services as part of an institutional subscription.
We may also Disclose or allow access to information about our Website or Services users to other third parties on a purely unattributed and aggregated basis.
When you make a payment to Hedgeye, you submit your payment information directly to one of our payment processors, Braintree (a PayPal Company) or PayPal. Hedgeye does not process payments or collect full payment card details. Where you provide your payment information to our payment processors to enable you to purchase products or services, your information is subject to PayPal Inc.’s privacy policies. PayPal Inc. is an independent controller, as defined by the General Data Protection Regulation “GDPR,” of the information you submit to pay for the Services. Hedgeye is not responsible for PayPal’s use of your information. For information about PayPal Inc.’s privacy policies, including how to exercise your data privacy rights with PayPal Inc., please see the PayPal Inc. privacy statement applicable to your location which is available by selecting your location from the drop-down menu at https://www.paypal.com/us/webapps/mpp/ua/legalhub-full?locale.x=en_US and navigating to the privacy statement.
In addition to the aforementioned, we may Disclose information to third parties when you have provided your prior consent, for example, if you request that we make an introduction on your behalf to someone with whom we have a relationship. Once the third party receives the information, your information will be handled by that third party, and the third party’s privacy policies (if any) shall govern their use. As between you and that third party, we cannot be held, and are not, responsible for how that third party will handle your information.
We may Disclose your Personal Information to unaffiliated parties, or parties with whom we do not have a relationship, provided we believe in good faith that such disclosure is necessary or appropriate to: (A) comply with any applicable law, rule, or regulation, or in response to a subpoena, court order or other legal process; or (B) to protect the interests, rights, safety, or property of Hedgeye or others.
If Hedgeye or its affiliate is involved in a merger, acquisition, sale, or similar transaction involving all or part of its business, customer information may be one of the assets disclosed, transferred, sold, or received in connection with such an event. If Hedgeye is involved in a change of ownership event that, in our sole discretion, we believe may materially impact you in relation to your Personal Information, we will notify you via email and/or a prominent notice on our Website, as well as any choices you may have regarding your Personal Information.
5. LOCATION OF PROCESSING
Hedgeye is based in the United States and is subject to U.S. law, including data protection law. If you access the Website or Services, your Personal Information will be Processed in the U.S. and may be subject to different levels of data protection than that provided in your state or country of residence. Your use of the Services constitutes your affirmative consent to the Processing of your Personal Information in the U.S and other jurisdictions.
6. SECURITY MEASURES TO PROTECT YOUR INFORMATION
Hedgeye is committed to protecting your Personal Information. We Process Personal Information you provide us on our secure servers and use technical, physical and organizational measures reasonably designed to ensure a level of security, confidentiality, and integrity appropriate to the risk associated with the Personal Information we Process.
Your subscription is password-protected. Only you and limited designated Hedgeye personnel have access to the password-protected areas. Your password is unique to your subscription account and is designed to protect your subscription account from unauthorized access and use. We will not be responsible for any lost, stolen, or otherwise disclosed passwords. You should choose a complex and unique password for your subscription and must not share your password with anyone. You should change your password periodically. Hedgeye will never ask you for your password in an unsolicited phone call or email, and you should not respond to any such request, as it will not come from us. If you are using a computer to which others have access, always remember to log out and close your browser window when leaving our site. When you use a public computer or network, it is good practice to change your password on a trusted network shortly thereafter. We believe our security measures are appropriately tailored to the information we Process.
7. CHILD POLICY
Hedgeye’s Website and Services are not directed at children under the age of 18. We will not knowingly Process or use Personal Information from anyone under 18.
A. PUBLIC PORTIONS OF OUR WEBSITE
Hedgeye’s Website may offer publicly accessible blogs or community forums, such as The Arena. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your Personal Information from our blog or community forum, contact us at email@example.com. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
Visit the Arena’s Community Guidelines and product-specific disclaimer [PRODUCT DESCRIPTIONS LINK] for more information specifically relating to that Service.
While Hedgeye does our best to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. You are responsible for maintaining the secrecy of your password and other subscription account information.
C. UPDATING/ACCESSING/AMENDING/CORRECTING YOUR PERSONAL INFORMATION
You are required to keep the information Hedgeye requests from you current. This is critical to our ability to provide you with the Services to which you subscribe. If your Personal Information changes, you may correct, update or delete it by making the change on our Account Settings page, you may also deactivate your subscription account on our Account Settings page, or by emailing our Customer Support at firstname.lastname@example.org or by contacting us via postal mail at the contact information listed below. We will respond to your request within thirty (30) days. We will retain your Personal Information for as long as your account is active, as needed to provide you the Services to which you subscribe and as necessary and practical to comply with our legal and regulatory obligations as well as good business practices. If you are having trouble manually updating any of your Personal Information, or do not have access to the portal, please contact us at email@example.com or your designated sales representative if you are a subscriber for Institutional Use (defined in Hedgeye Terms of Service).
9. CONTACTING HEDGEYE REGARDING YOUR PRIVACY
You may opt out of any communications by completing the “opt-out”, “unsubscribe,” or “email preference” function made available to you through the Services or our Communications. You may also opt out by notifying us via email at firstname.lastname@example.org. We reserve the right to send you notices necessary for us to deliver services commensurate with your subscription, or to collect payment related to any unpaid Services. Generally, you may not opt out of these communications, which are not promotional in nature.
Hedgeye Risk Management, LLC
Attn: Legal Department
1 High Ridge Park, 3rd Floor
Stamford, CT 06905
10. ADDITIONAL INFORMATION FOR DATA SUBJECTS IN THE EUROPEAN ECONOMIC AREA (“EEA”), SWITZERLAND, AND THE UNITED KINGDOM (“UK”)
A. YOUR DATA PRIVACY RIGHTS
Under European data protection laws, data subjects in the EEA, UK, and Switzerland have the right to access or correct or receive a copy of any personal data that Hedgeye Processes about you. You also have the right to withdraw your consent for any data Processing that is based on your consent. In certain circumstances, you also have the right to request that we delete your personal data or object to or restrict our Processing of your personal data. To exercise any of these data privacy rights, please contact us at email@example.com or via certified letter at the postal address listed in Section 9 above. You may also correct, delete or update the Personal Information associated with your Hedgeye subscription account by visiting the Account Settings page.
Please note that we may not delete your Personal Information if: 1) it is still necessary in relation to the purpose for which it was collected, for example, to complete a transaction or to provide a service you requested; 2) it must be retained to comply with law, rule, regulation or industry standard (including email retention policies applicable to the certain financial service entities such as Hedgeye); or 3) it is necessary for the establishment, exercise or defense of legal claims. Where we are unable to delete Personal Information, we may anonymize it so that it can no longer be linked to you. We will retain an anonymized record of all requests for deletion in order to comply with our legal obligations.
B. LEGAL BASIS FOR PROCESSING
Hedgeye Processes the Personal Information described above in connection with the following legal bases:
i. As necessary to perform or prepare a contract with you. For example, to provide you with subscription services and a subscription account, process payments, fulfill our commitments under and enforce our Terms of Service, and communicate with you to provide customer service.
ii. As necessary to pursue our legitimate interests or those of a third party, for example, our legitimate interests in providing and improving our services, protecting our Website, IT systems, and intellectual property, communicating with subscribers and others about our business and our Services, and other business purposes described in Section 1C above.
iii. In order to comply with our legal and regulatory obligations; or
iv. Where you have given your consent to processing, which may be withdrawn.
C. TRANSFERS OF INFORMATION
Hedgeye and its service providers Process information in the U.S. and other jurisdictions. If we transfer Personal Information from Europe or the UK to third parties outside of those jurisdictions, we will take measures, including through contracts, to ensure that the information continues to be protected wherever it is processed and, in a manner consistent with the standards of protection required under applicable law.
D. QUESTIONS OR COMPLAINTS
If you have any questions or concerns about our Processing of your Personal Information, please contact us at firstname.lastname@example.org or via certified letter at the postal address listed in Section 9 above. If we cannot resolve your questions or concerns, you have the right to make a complaint with the Data Protection Authority where you reside. For data subjects in the European Economic Area, that information may be found here: https://edpb.europa.eu/about-edpb/about-edpb/members_en . For data subjects in the United Kingdom, the contact information for the ICO is available here: https://ico.org.uk/global/contact-us/#:~:text=You%20can%20call%20us%20on,contact%20us%20via%20live%20chat.
11. ADDITIONAL INFORMATION FOR RESIDENTS OF CALIFORNIA
The California Consumer Protection Act (CCPA) grants California consumers specified rights relating to the Personal Information that businesses Process and requires that businesses provide certain information about Processing practices.
A. YOUR RIGHTS
If you reside in California, you have the right to request: (i) that we inform you of the Personal Information we have collected, used, sold and disclosed about you in the preceding twelve (12) months; (ii) that we delete the Personal Information we have collected from you unless certain exceptions apply; (iii) that we correct incorrect Personal Information we maintain about you; and (iv) that we refrain from selling or sharing your Personal Information. You also have the right to not receive discriminatory treatment for exercising the privacy rights conferred by the CCPA.
To exercise any of these privacy rights, or for more information about our privacy practices, please contact us at email@example.com or via certified letter at the postal address listed in Section 9 above. We will verify your identity using the email address you provided to us. If we do not maintain an email address for you, we will verify your identity using other Personal Information and may request additional information from you if necessary. You may have an authorized agent submit a request on your behalf. However, we will still need to verify your identity via the email address you provided to us. Please be advised that we cannot process your request if we cannot verify your identity.
We may not delete your Personal Information if it is necessary to: 1) complete the transaction for which the Personal Information was collected, provide a service you requested, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; (2) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; (3) Debug to identify and repair errors that impair existing intended functionality; (4) Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; (5) comply with an existing legal obligation; or (6) otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information. Where we are unable to delete Personal Information, we may anonymize it so that it can no longer be linked to you. Additionally, we will retain an anonymized record of all requests for deletion to comply with our legal obligations.
B. PERSONAL INFORMATION COLLECTED AND THE PURPOSE OF PROCESSING
Over the last twelve (12) months, we have collected the following categories of Personal Information: Identifiers, Customer information, including information subject to Cal. Civ. Code Sec. 1798.80, Commercial Information, Internet or other electronic network activity information, Geolocation data, and Inferences. (For descriptions of each category, please see Section 1A above.) We Processed this Personal Information for the business purposes listed in Section 1C above.
C. SOURCES AND DISCLOSURE OF PERSONAL INFORMATION
Over the last twelve (12) months, we collected the following categories of Personal Information from the following sources and Disclosed it to the following categories of third parties to fulfill the business or commercial purposes listed in Section 1C above: (For descriptions of categories of Personal Information and third parties, please see Sections 1A and 4 above.)
Categories of Information
Categories of Sources
Categories of third parties disclosed to for the business or commercial purposes listed in Section 1C.
Consumers, Service Providers, advertising partners, publicly available sources, and institutional clients (if you receive the services as part of an institutional subscription).
Contractors and Service Providers (including operating systems and platforms, internet service providers), advertising partners, and data analytics providers.
Customer Information (including information subject to Cal. Civ. Code Sec. 1798.80(e))
Consumers, advertising partners, institutional clients (if you receive the services as part of an institutional subscription), and publicly available sources.
Contractors and Service Providers (including operating systems and platforms).
Consumers, Service Providers.
Contractors and Service Providers (including operating systems and platforms), institutional clients, advertising partners, and data analytics providers.
Geolocation Information (non-exact location information derived from an IP address).
Contractors, Service Providers, data analytics providers, and advertising partners.
Professional or employment-related information
Consumers, institutional clients (if you receive the services as part of an institutional subscription), publicly available sources, and advertising partners.
Service Providers (including operating systems and platforms).
Internet or other electronic network activity
Consumers, Service Providers, and advertising partners.
Advertising partners, data analytics providers, Contractors, Service Providers (internet service providers), and institutional clients.
Audio and audio-visual recordings.
Consumers (if you agree to appear in a Hedgeye broadcast, social media event, or similar event).
Service Providers. Displayed on Hedgeye’s website or social media consistent with the terms under which the recording was collected.
We may share commercial information and internet or other electronic network information with the institutional subscriber associated with your subscription (typically your employer or their affiliate), and selected third parties at their direction, but only where you receive the services as part of an institutional subscription through your employer or their affiliate and only when requested by the institutional subscriber. Where you post information on a blog or community forum (such as the “Arena”) that we provide, we will share that information with Hedgeye users and website visitors, but only to the extent that you make this information available in the forum. And, where you request that we introduce you to our affiliates or other third parties, we will share Identifiers, professional or employment-related information, and any other information that you request that we disclose to our affiliate or a third party.
D. OPT OUT OF SALE OR SHARING OF PERSONAL INFORMATION
Hedgeye will not discriminate against you if you exercise any of your privacy rights. However, please be advised that we cannot provide you with the Services if you do not permit us to collect or process certain types of Personal Information.
F. SENSITIVE PERSONAL INFORMATION
Hedgeye processes account usernames and passwords solely to provide and maintain the security of customer accounts. Hedgeye does not process any other Sensitive Personal Information. Hedgeye does not sell, share, or disclose Sensitive Personal Information and does not use Sensitive Personal Information for purposes other than those specified in Section 7027, subsection (l) of the California Consumer Privacy Act Regulations.