Privacy

This Privacy Policy (the “Privacy Policy“) both (i) governs how we collect, use, and treat personal information that you provide to Black Salmon LLC (“Black Salmon,” “we,” “our“, or “us“) through our website at https://www.blacksalmon.com (the “Website” or “Site“), while using the services and information available via the Website or otherwise (collectively, the “Services“) (the Services, together with our Website, are referred to as the “Platform“), or that you otherwise provide to us, and (ii) establishes certain rights and obligations with respect to your personal information and use of our Platform.

Our Platform contains links to other websites for your convenience and reference. We are not responsible for the privacy practices or the content of those sites.

1. Your Consent to this Privacy Policy.
1.1 Consent by Guest User.

We have structured our Website so that, as a casual Website visitor, you are able to come to our Website and review selected information about our Services without providing us with any Personal Information. By accessing and using our Platform as a visitor, you are acknowledging that you have read and understood this Privacy Policy and agree to be legally bound by it.

1.2 .Right to Withdraw Consent.

You have the right to withdraw your consent at any time, in accordance with Section 11 (Your Choices Regarding Your Personal Information; Opting Out).

2. The Information We Collect.

The information that we collect about you falls into certain categories as further described in this Section 2 (The Information We Collect). This information consists of the following:

2.1. Personal Information.

We collect certain information that identifies you as an individual (collectively, “Personal Information“). The Personal Information we collect may include the following:

Your name and email address;
Your other contact information including a physical address, phone number, and fax number; and
Any information or feedback you provide in communications with us through our Website or via social media or email.

2.2. Online Activity Information.

We may also collect technical and device-related information through our Website and third party analytics tools that we use (collectively, “Online Activity Information“). Sometimes Online Activity Information can be associated with your Personal Information, in which case we will treat it as Personal Information (as described in Section 2.4 (Treatment of Combined Information), otherwise we consider, and treat, Online Activity Information as Anonymous Information.

2.3. Anonymous Information.

Our Platform also collects, processes, and/or uses information that does not identify you or your devices, including Personal Information that has been made anonymous by: (i) removing identifying fields and aggregating the information with other information so that individual subjects of the information cannot be re-identified, or (ii) anonymizing the information with techniques that remove or modify the identifying data so as to prevent re-identification of the anonymized information (collectively, “Anonymous Information“). Information that meets these criteria might include, for example, demographic information, statistical information (e.g., page views and hit counts), and general tracking information. We use Anonymous Information for our business operations, for example, to engage in marketing and other activities in a manner that protects our customers. Since Anonymous Information does not include Personal Information, it is outside the scope of this Privacy Policy.

2.4. Treatment of Combined Information.

To enable us to better understand the characteristics of our users and/or to provide Services tailored to your needs, we may link your Personal Information with Online Activity Information associated with you or other Anonymous Information. If we combine or associate Online Activity Information or other Anonymous Information with your Personal Information, then we will treat the resulting combination as Personal Information.

3. How We Collect this Information.

We collect the above information through the following means and technologies:

3.1. Contacting Black Salmon.

You can contact us with questions or comments – for example, you can contact us to learn more about Black Salmon’s investment services. In order to communicate with us, you must provide certain Personal Information.

3.2. Newsletters.

You can provide us with Personal Information so that we can send you newsletters about Black Salmon, our Services, and information about issues that we believe may be of interest to you.

3.3. Beacons and Tags.

The Platform may use certain data collection technologies that rely on (i) beacons; (ii) pixel tags and object hyperlinking tags, and (iii) other means to link an object to an Internet address, a remote software application, a remote database, or other remote means of receiving or processing information. We may use these technologies to tell us what parts of our Platform have been visited or to measure the effectiveness of searches that users perform on our Platform. These technologies also enable us to send email messages in a format users can efficiently read, to learn whether these email messages have been opened, and to help ensure, for example, that our messages are of interest to our users. These technologies provide us with Anonymous Information, including Online Activity Information and, in certain instances, Personal Information.

3.4. Device Identifiers; Logs; IP Addresses.

To determine whether your device is supported by our Platform, we may collect certain information about your device and network, including your IP address, your operating system and browser, your device model, information about your use of the Platform, as well as the presence of any software that our Platform may require to operate with your device, or other third party software or mobile apps on your device. We automatically receive and record this information in log files, and this is generally Online Activity Information.

3.5. Click-Throughs.

We may send email messages or display links that use a “click-through URL” linked to our Platform or to another resource. When you click one of these URLs, you pass through our web server before arriving at the destination website page or other resource. Click-throughs may use and collect Anonymous Information, including Online Activity Information. We may track this click-through data to help determine interest in particular topics and measure the effectiveness of our user communications.

3.6. Other Technologies and Data Sources.

We currently do not augment the Personal Information that you provide to us with data from other third-party sources, such as privately held marketing or analytics databases. We do not, for example, link your Personal Information with third-party demographic information (such as age, sex, household income, job industry, or job title). If we later choose to use these data sources, or technologies other than those listed above in this Section 3 (How We Collect this Information), we will treat any information we collect or generate in that manner in full accordance with this Privacy Policy.

3.7. Collection of Personal Information Offline.

We may ask you to provide us with Personal Information via offline interactions. Personal Information we collect in this manner may include, for example, your name, address, email address, and other identifying information. If you provide information to us at our request, then we will strive to provide you with either verbal and/or written notice of this Privacy Policy upon your request for a copy of the Privacy Policy. We treat any information that you provide to us as Personal Information under this Privacy Policy.

4. Cookie Privacy Policy. This section provides Black Salmon’s cookie policy (“Cookie Privacy Policy”) and describes how Black Salmon uses Cookies (as defined below) and similar technologies.

4.1. Cookies. Cookies are small pieces of data that are stored on your computer, mobile phone, or other device when you first visit a page. Black Salmon uses cookies, web beacons and similar technologies (“Cookies”) to enhance your user experience, understand your usage of the Platform and to perform analytics. Cookies may also be set by other websites or services that run content on the page you are visiting. The provision of your data via Cookies is voluntary except for those Cookies that we place on your device that are necessary for the performance of the Platform. We use “session cookies” and “persistent cookies.” Session Cookies are temporary Cookies that remain on your device until you leave the Platform. A persistent Cookie may remain on your device for much longer until you manually delete it.

4.2. Use. Cookies can contain the following information about you and your use of the Platform: browser type, search preferences, data relating to which pages of the Website that you have visited and the date and time of your use. We use Cookies for the following purposes:

To enable and support security features, prevent fraud, and protect your data from unauthorized access.
To enable features and help us provide you with personalized content.
To analyze how you use the Platform and to monitor site performance. These Cookies help us to identify and fix errors, understand and improve services, research and test out different features, and monitor how you reached the Platform.

4.3. Opting Out. You can control and/or delete cookies as you wish – for details, see http://www.aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work as intended by Black Salmon.

5. How We Use The Information We Collect.

We use the information that we collect or process, including Personal Information, Online Activity Information, and Anonymous Information, as permitted under applicable law and consistent with the terms of this Privacy Policy. More specifically, we use the information we collect for the following purposes:

To provide you with the Services you request (on the Website, by email, or otherwise), including use of our Website, and to communicate with you regarding our Services;
To respond to your inquiries;
To customize and enhance your use of our Website and Services, such as by personalizing your experience with us;
To provide communications that might interest you, including marketing messages and to inform you of products and services that we think would be appealing to you, whether the products or services are provided by us or by others, and whether the products or services are available via our Site or via a third party;
To perform analytics, quality control, market research, and to determine the effectiveness of our Site, promotional campaigns, to improve our current products, Services, and Site, and develop new products and services;
To perform internal administration, auditing, operation, and troubleshooting for our Site and Services; and
To share the information with third parties strictly as permitted in Section 6 (How We Share this Information) below.

In addition to the uses specifically identified above, there may be instances where you request information and Services from us that are not described in this Privacy Policy. In our discretion, we can use information that you submit in order to provide such information and Services.

6. Other Essential or Internal Uses of Information.

We may also use the information that we collect as we believe to be necessary or appropriate for certain essential purposes, including:

To comply with applicable law and legal process;
To respond to requests from public and government authorities, including public and government authorities;
To detect, prevent, or investigate potential security incidents or fraud;
To facilitate the functionality of our Platform;
To enforce our terms and conditions;
To protect our operations or those of our affiliates;
To protect our rights, privacy, safety or property, security and/or that of our affiliates, you or others; and
To allow us to pursue available remedies or limit the damages that we may sustain.

7. How We Share this Information.

We value your privacy, and we share the information we collect only in the manner set out below.

7.1. Our Service Providers.

We engage third parties to perform functions on our behalf, and these may include maintaining the Platform, collecting information, responding to and sending email or other messages, data analysis, and other functions useful to our business. In this capacity, we may provide service providers with Personal Information, Online Activity Information, and Anonymous Information as applicable. We will seek to only provide third parties with information so that they can perform their required functions.

7.2. Questions of Harm; Legal Process.

We may disclose your Personal Information and Online Activity Information to third parties, including law enforcement agencies, attorneys, and private investigator organizations, where it is necessary, or where we have a good faith belief that it is necessary: (i) o comply with legal process; (ii) to protect and defend our rights and property, including the Platform and associated content; (iii) to protect against misuse or unauthorized use of our Services; (iv) to protect the personal safety or property of Platform users or the public, including your personal safety or property (it being understood that we assume no duty to provide, or monitor the need for, such protections); and (v) to cooperate with public and government authorities including, where required, authorities outside your jurisdiction.

While you are not able to opt out of this use of information, we will take reasonable steps to limit such use, and disclose only the information we reasonably believe is necessary for the above purposes. If we receive legal process calling for the disclosure of your Personal Information, we will attempt to notify you within a reasonable amount of time, unless such notification is not permitted.

7.3. Corporate Transactions.

We shall be entitled to transfer information that we collect (including Personal Information) to a third party in connection with or in contemplation of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition (including a disposition in connection with a bankruptcy or similar proceedings) of all or substantially all assets or stock of the business unit or division responsible for the information under this Privacy Policy; provided the acquiring third party has agreed to safeguard your Personal Information with protections that are compatible with those set out in this Privacy Policy.

7.4 Our Affiliates.

We may choose to rely on and share the information we collect with our affiliates. By “affiliate” we mean an entity that is closely related to us, such as an entity that controls, is controlled by, or is under common control with, Black Salmon LLC. Our affiliates will be bound by the terms of this Privacy Policy.

8. Information of Third Parties.

As further set out in our Terms of Use, our Site may include links to third party websites offering services that augment those services offered on our Site. Those third parties determine their own data handling practices – any information that you submit to third parties are not governed by this Privacy Policy.

9. How We Safeguard the Information We Collect.

We recognize the sensitivity of our users’ Personal Information and we have put in place security systems designed to prevent unauthorized access to or disclosure of this information. Our security systems include physical, technical, and administrative information security controls, and we take commercially reasonable steps to secure and safeguard such Personal Information in accordance with applicable law.

10. Our Retention of Data.

We retain Personal Information for the period of time necessary to fulfill the purposes for which we obtained the Personal Information and consistent with applicable law. We use the following criteria to set our retention periods: (i) the duration of our relationship with you; (ii) the existence of a legal obligation as to the retention period; and (iii) the advisability of retaining the information in light of our legal position (for example, in light of applicable statutes of limitations, litigation, or regulatory investigations).

11. Accuracy and Minimization of Data.

We take reasonable steps (i) to maintain the accuracy of the Personal Information we process, and (ii) to limit the Personal Information that we process to that which is reasonably necessary for the purposes for which we obtained the information.

12. Your Choices Regarding Your Personal Information; Opting Out.

12.1. Unsubscribing to Marketing Communications.

If you no longer wish to receive bulletins, updates, or other marketing-related materials from us, you can opt out of this Service by either (1) following the “unsubscribe” instructions located near the bottom of each email message, or (2) contacting us as provided in Section 17 (Contact Us).

12.2. Discretionary Account Information.

To allow appropriate control over Personal Information, you can view, change, or update discretionary information that you have previously submitted either by contacting us as provided in Section 17 (Contact Us) below or by accessing your account on our Site (if such functionality is available to you).

12.3. Access, Deletion, and Do Not Sell Requests.

BLACK SALMON IS CURRENTLY IMPLEMENTING INTERNAL CHANGES TO FULFILL REQUESTS SUBMITTED UNDER THIS SECTION 11.3 (ACCESS, DELETION, AND DO NOT SELL REQUESTS). UNTIL SUCH CHANGES ARE COMPLETED, BLACK SALMON MAY NOT BE ABLE TO FULFILL CERTAIN REQUESTS. BLACK SALMON WILL NOTIFY THOSE MAKING A REQUEST IF SUCH REQUEST IS IMPACTED BY ONGOING INTERNAL CHANGES. PLEASE NOTE THAT THESE REQUESTS MAY ONLY BE AVAILABLE TO CALIFORNIA RESIDENTS AT THIS TIME.

We provide the following additional rights with respect to your Personal Information:

12.3.1. Copy of Personal Information.

You may request a copy of the following: (i) the categories of Personal Information we collected about you; (ii) the categories of sources from which the Personal Information is collected; (iii) the business or commercial purpose for collecting or selling (if applicable) the Personal Information; (iv) the categories of third parties with whom we share Personal Information; and (v) the specific pieces of Personal Information we have collected about you.

12.3.2. Deletion of Personal Information.

You may request that we delete your Personal Information. Note that deletion requests are subject to a number of limitations, for example, we may keep Personal Information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, to process transactions and facilitate customer requests, and for other internal business purposes consistent with the terms under which it was collected.

12.3.3. Do Not Sell Requests.

You may request that we do not share your Personal Information with third parties to be used for purposes not described in this Privacy Policy. The California Consumer Privacy Act refers to this as a “Do Not Sell” request. Black Salmon only seeks to share Personal Information with service providers and others described above for purposes identified in this Privacy Policy, but Online Activity Information or Anonymous Information collected by service providers providing pixels or other third party technologies on our Website could potentially be used by those service providers for their own purposes, some of whom may be able to associate such information with you based on other information they have collected independently (not from Black Salmon). We will endeavor to block such sharing upon request.

12.3.4. Submission of Requests.

You can submit any of these requests by clicking here: https://blacksalmon.com/contact/ or by contacting us at info@blacksalmon.com. You may authorize another person (your “Agent“) to submit a request on your behalf the same way. Shortly after you (or your Agent) submit a request, we will contact you (usually via email) with instructions on how to verify the submitted request before we fulfill it. Please be advised that these requests are unrelated to an opt-out of marketing communications, which can be done as provided in Section 11.1 (Unsubscribing to Marketing Communications) above.

12.3.5. Response to Requests.

Please be advised that Black Salmon will fulfill these requests in its reasonable discretion and in a manner consistent with any applicable law. Likewise, we will aim to complete such requests as soon as reasonably practicable and in a manner consistent with any applicable law. If you otherwise have concerns or objections with our processing of your Personal Information, please contact us as provided in Section 17 (Contact Us).

12.4. Anonymous Information.

We will not delete Anonymous Information from our database, and nothing in this Privacy Policy restricts our use of Anonymous Information.

13. Advisory Regarding Participation by Children and Teens.

Under U.S. Federal Law (as reflected in the Children’s Online Privacy Protection Act), WE DO NOT COLLECT OR STORE ANY PERSONAL INFORMATION FROM INDIVIDUALS THAT WE KNOW ARE UNDER THE AGE OF 13. If you wish further information concerning privacy policies in general, and concerning online social networking and safety, you should visit the following website: http://www.ftc.gov/privacy/index.html.

14. Relationship to Other Contracts and Terms of Use.

This Privacy Policy must be read in conjunction with any other agreement entered into by you and us that references this Privacy Policy or that otherwise relates to Personal Information (collectively, the “Other Contracts“), as well as our Terms of Use. The provisions of such Other Contracts are incorporated herein. To the extent that the Terms of Use conflict with this Privacy Policy, this Privacy Policy shall control. To the extent that the Other Contracts conflict with this Privacy Policy or the Terms of Use, the Privacy Policy shall control with respect to our treatment of Personal Information, unless expressly stated otherwise.

15. Notice of Privacy Rights to California Residents.

The following provisions of this Section 14 (Notice of Privacy Rights to California Residents) apply if you are a California resident.

15.1. Shine the Light Law.

California law requires certain businesses to respond to requests from California users who ask about business practices related to disclosing Personal Information to third parties for direct marketing purposes. The California “Shine the Light” law further requires us to allow California residents to opt out of certain disclosures of Personal Information to third parties for their direct marketing purposes.

15.2. California Consumer Privacy Act.

Black Salmon makes the following disclosures regarding the California Consumer Privacy Act:

15.2.1. No Financial Incentives.

Black Salmon does not provide a financial incentive or a price or service difference to individuals in exchange for the retention or sale of their Personal Information. We may send offers to those individuals subscribing to our marketing communications and, unless an individual has opted out of such communications, the individual will continue to receive such communications irrespective of whether a disclosure, deletion, or “Do Not Sell” request has been submitted. Black Salmon does not offer financial incentives to deter consumers from making such requests. Black Salmon will not discriminate against any consumer for exercising their privacy rights, including those provided by applicable law.

15.2.2. Consumer Reporting.

Black Salmon will endeavor to report consumer request metrics when they become available.

15.2.3. Job Applicants.

If you are a job applicant submitting Personal Information to Black Salmon in connection with an application for employment, you will be provided with a privacy notice regarding how we handle such information as part of the application process.

15.2.4Questions.

If you have any questions about our privacy practices, including in connection with the California Consumer Privacy Act, please contact us as directed in Section 17 (Contact Us).

16. Feedback.

We want your feedback. If you have a suggestion on how we can improve our Services or complaints you would like us to address, please contact us at the address set out in Section 17 (Contact Us). If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. Other states may provide similar avenues for lodging complaints. Please check with your state’s consumer protection authority.

17. Changes to this Privacy Policy.

From time to time, we may change this Privacy Policy for our business purposes and to comply with changes in applicable law. In the event of any substantive or material changes, we will communicate these changes to you by posting the updated Privacy Policy on the Platform and/or notifying you of the change via the Platform, email, or other methods. Your continued use of the Platform following such notice constitutes your agreement to follow and be bound by the updated Privacy Policy.

18. Contact Us.

If you have any questions about this Privacy Policy or your dealings with us, then please contact us at blopez@blacksalmon.com.

19. GDPR.

We do not intentionally target or otherwise seek to collect or receive Personal Information from residents outside of the United States, such as from the European Economic Area. As such, we do not specifically address foreign laws such as the EU General Data Protection Regulation (“GDPR”) in this Policy, and will protect all Personal Information as described by this Privacy Policy.

20. Effective Date.

The effective date of this Privacy Policy is January 20, 2021.