DEMOGRAPHY UNPLUGGED PRIVACY NOTICE AND POLICY
Effective Date: July 18, 2023
1. Collection and Use of Your Personal Information
2. Sharing your Personal Information
3. Direct Mailing
4. "Cookies" and Other Electronic Tools
5. Location of Processing
6. Security Measures to Protect Your Information
7. Child Policy
9. Contacting Us Regarding Your Privacy
10. Information for Data Subjects in the European Economic Area, Switzerland and the United Kingdom
11. Information for California Residents
1. COLLECTION AND USE OF YOUR PERSONAL INFORMATION
A. INFORMATION WE PROCESS
We and/or our designated service providers, collect, store, use, and/or process (collectively “Processes” or “Process”) information that you provide via the Website, or third-party websites and applications, and when you subscribe to or interact with our Communications, or an offer provided by a third party you authorize to provide us with your Personal Information. We Process the following categories and specific types of Personal Information: (information within some categories may overlap)
i. Identifiers: We Process names, email addresses, billing addresses, Internet protocol (“IP”) addresses, unique identifiers (such as information collected through cookies and similar technologies), and device IDs.
ii. Customer information: We Process names. 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), and Stripe, our payment processor, Processes payment card and transaction information.
iii. Commercial information: We Process records of your purchasing or consuming history or tendencies, and your engagement or interactions with our Communications and our staff.
iv. Internet or electronic network information: We Process information about your use of our Website, including access times, pages viewed, 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.
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 you with a subscription. If you do not provide the Personal Information we ask for, it may prevent us from providing a subscription to you.
B. SOURCES OF INFORMATION
i. Information you provide directly to us:
We primarily collect Personal Information about you from you directly when you provide it to us voluntarily by subscribing to Demography Unplugged through the Website, via email, in response to our advertisements, or when you engage in Demography Unplugged Q&A sessions. For example, when you sign up to subscribe to a paid Newsletter, we collect your name, email address, and other information that you choose to provide to us.
ii. Information we collect automatically:
We and our service providers, analytics providers, and advertising partners collect information automatically from your browser or device, for example, through cookies or similar technologies on the Website or in our Communications, or via IT monitoring of the Website. This includes information about the type of browser you use, the device you use to access our Communications, your IP address, and your interaction with Demography Unplugged emails, Website, and Communications.
iii. Information we collect from other sources:
To the extent permitted by applicable law, we engage third parties to collect Personal Information on our behalf, and collect Personal Information directly from third parties, such as service providers and advertising partners. For example, we collect your Personal Information when you subscribe to the Newsletter by providing your email address on Substack’s website. 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
We Process your Personal Information in order to provide the Newsletter and Website and to provide for the proper operation of the Website and other carefully considered business purposes, which include:
· To determine which content we should make available and to deliver such content.
· To communicate with you, including, but not limited to, notifications, to request updated Personal Information necessary to process your payments or deliver the Newsletter to you and provide you updates about Demography Unplugged, Neil Howe, Hedgeye or the Services we provide.
· To provide you with and manage your subscription.
· To bill you or process payment for the Newsletter commensurate with your subscription.
· To help improve our Website and Communications and develop new services.
· To provide customer service.
· To provide you with offers, promotions, or other information about our services.
· To identify and understand our target audiences, including subscribers and prospective subscribers, and to tailor and market, and advertise products and services accordingly.
· To enhance your experience with the Website or the Newsletter.
· To maintain the security and integrity of our Website and IT Systems.
· To analyze the Website use and advertising effectiveness.
· To address complaints and pursue and defend against claims.
· To administer Q&A sessions, contests, sweepstakes, and promotions and comply with laws, regulations, and industry good business practices governing the same.
· To protect the interest, rights, safety, or property of Hedgeye or others and to monitor compliance and enforce the terms of any agreements with Hedgeye.
· To operate our services properly, safely, and in compliance with applicable laws, rules and regulations.
D. DATA RETENTION
We retain 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 with us. Thereafter, we will retain Personal Information as long as appropriate to comply with applicable legal or regulatory obligations or to defend against claims.
2. SHARING YOUR PERSONAL INFORMATION
1.) Hedgeye affiliates or subsidiaries;
3.) Other Newsletter subscribers or Website visitors when you post or display personal information in a comment or response to a post or Q&A session or similar engagement with the Website or Communications; or
3.) Law enforcement, courts, governments, and regulatory agencies. We may Disclose your Personal Information to these parties 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.
We may also Disclose or allow access to information about the Website or newsletter subscribers to other third parties on a purely unattributed and aggregated basis.
In addition, 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.
If Hedgeye or its affiliate is involved in a merger, acquisition, sale, or similar transaction involving all or part of its business, subscriber 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 the Website, as well as any choices you may have regarding your Personal Information.
3. DIRECT MAILING
We may contact you to confirm your purchase or subscription, or to provide you with information about its terms or features. We may send you promotional or marketing emails where you have agreed to receive such communications. You opt out of receiving these marketing communications from us by using the “unsubscribe” function in any marketing within the communications that you receive, or by contacting us.
4. “COOKIES” AND OTHER ELECTRONIC TOOLS
Hedgeye and parties with whom we work may place, view, and/or use “cookies”, web server logs, web beacons, pixels, or other electronic tools to Process statistical and other information about your engagement with the Newsletter and emails, the Website, and other websites and for advertising purposes.
Cookies are small text files that are downloaded by your browser when you visit a website. Cookies contain information about your interaction with the website, including the user’s preferences, pages visited, and links clicked. Pixels or web beacons are transparent picture files on web pages or in emails that can be used in connection with cookies to monitor the way users navigate a website and process content and to measure the effectiveness of online advertising. Web server logs are text files that contain the server’s activities and may be used to understand website traffic.
Through these technologies, we, and the parties with whom we work, may automatically collect information about your computer or device, including your Internet Protocol (“IP”) address, browser type, language, operating system, mobile device, device ID or advertising ID, and information about your use of the Website or engagement with our Communications, including the date and the time of a visit, pages viewed, email opens and links clicked, content interactions, the websites you visited immediately before and after visiting certain websites, the state or country from which you accessed websites, the functions you use on the Website, the databases you view and the searches you request on our Website, the data you save on or download from our Website and the number of times you view an advertisement.
B. Controlling or Disabling Cookies
C. Third-Party Cookies on the Website
i. Substack: When you visit the Website, Substack may collect information about your computer or device. For details about the information Substack collects and how they use it, please visit https://substack.com/privacy.
ii. Stripe: When you subscribe to our Newsletter, Stripe may collect information about your computer or device. For details about the information Stripe collects and how they use it, please visit https://stripe.com/legal/cookies-policy.
B. Twitter - https://twitter.com/privacy?lang=e
C. Google - https://policies.google.com/privacy?hl=en
If you are accessing the internet from the United States. Residents of Europe may learn how to opt out of interest-based advertising by visiting:
Residents of the UK may learn how to opt out of interest-based advertising by visiting: https://www.youronlinechoices.com/uk/. Residents of Canada may learn how to opt out of interest-based advertising by visiting: https://youradchoices.ca/en/tools . Please be advised that, as noted in Section 4b above, you must select these choices on each browser, on each device that you use. Note that even if you exercise choice for targeted advertising, you will still receive online advertising.
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, the Newsletter, or our Communications, 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
We are 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.
If you are using a computer to which others have access, always remember to log out and close your browser window when leaving our Website. We believe our security measures are appropriately tailored to the information we Process.
7. CHILD POLICY
The Website and the Newsletter 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
The Website or Communications may offer community forums or comment sections or Q&A sessions. You should be aware that any information you provide in these forums may be read, collected, and used by others who access them. To request removal of your Personal Information from these forums, 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.
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.
If your Personal Information changes, you may correct, update or delete it within your Substack account. You may also deactivate your subscription in your Substack account, by emailing our Customer Support at firstname.lastname@example.org or by contacting us via postal mail at the contact information listed below.
9. CONTACTING US REGARDING YOUR EMAIL PREFERENCES OR PRIVACY
You may opt out of any unpaid Newsletter or Communications by completing the “unsubscribe,” function made available to you through the Newsletter or our Communications. You may opt out of paid Newsletter subscriptions in your Substack account settings page. You may also opt out of your subscription by notifying us via email at email@example.com. 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.
c/o 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 we Process 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 firstname.lastname@example.org or via certified letter at the postal address listed in Section 9 above, with the subject “Data Subject Request from EU/UK/Switzerland” as applicable.
Please note that we may not delete your Personal Information to the extent that: 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 transaction information and email retention policies); 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 a record of all requests for deletion in order to comply with our legal obligations.
B. LEGAL BASIS FOR PROCESSING
We Process 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 a Newsletter subscription, 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 the Website, our 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
We and our 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 email@example.com 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/
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 firstname.lastname@example.org 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 to process your request. 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. For example, we will not delete transaction records that must be retained to comply with our legal obligations. 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 a record of all requests for deletion to comply with our legal obligations.
B. PERSONAL INFORMATION COLLECTED VIA DEMOGRAPHY UNPLUGGED COMMUNICATIONS AND THE WEBSITE 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, (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 2 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, and advertising partners.
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, and publicly available sources.
Service Providers (including operating systems and platforms).
Consumers, Service Providers.
Service Providers (including operating systems and platforms), advertising partners, and data analytics providers.
Geolocation Information (non-exact location information derived from an IP address).
Service Providers, data analytics providers, and advertising partners.
Internet or other electronic network activity
Consumers, Service Providers, and advertising partners.
Advertising partners, data analytics providers, and Service Providers (internet service providers).
Additionally, where you post, comment or provide information in community forums or comment sections or Q&A sessions available on the Website or via the Communications, we make the information you provide available to Demography Unplugged subscribers and Website visitors, but only to the extent that you make this information available.
D. OPT OUT OF SALE OR SHARING OF PERSONAL INFORMATION
We value your privacy and we do not sell your Personal Information in exchange for money. We have allowed advertising and analytics providers to collect information using cookies, pixels, and similar tracking technologies on our Website to display interest-based advertising and to provide analytics services in the last twelve (12) months. You may opt out of having your information shared for analytics and targeted advertising as described in Section 4 above.
We will not discriminate against you if you exercise any of your privacy rights. However, please be advised that we cannot provide you with the Newsletter if you do not permit us to collect or process certain types of Personal Information.
F. SENSITIVE PERSONAL INFORMATION
We do not process Sensitive Personal Information in connection with Demography Unplugged. We do not sell, share, or disclose Sensitive Personal Information and do not use Sensitive Personal Information for purposes other than those specified in Section 7027, subsection (l) of the California Consumer Privacy Act Regulations.