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Privacy Policy

Effective Date: October 24, 2024

DBA Asset Management, LLC (together with its affiliates, “DBA”, “us”, “we” or “our”) operates the this website (https://dba.xyz) and related services (together with any correspondence we send or publish with respect thereto, collectively, the “Website”).

This Privacy Policy (this “Privacy Policy”) informs you of our policies regarding the collection, use and disclosure of Personal Information (as defined below) when you access and/or use the Website and the choices you have associated with that data.

By using the Website, you agree to the collection and use of information in accordance with this Privacy Policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms of Use, available at https://dba.xyz/terms.

Definitions

Personal Information

As used herein, unless otherwise required by applicable law, “Personal Information” (also referred to as “personal data”) means any information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular individual consumer or household.

Usage Data

As used herein, “usage data” means data collected automatically either generated by the access and/or use of the Website or from the Website infrastructure itself (for example, the duration of a page visit).

Information Collection

Types of Personal Information Collected

Depending on how you interact with the Website, we may collect the following information about or from you:

  • Personal Information and contact information, such as your name, e-mail address and any other information you submit through the sign-up form(s) when you register for an account.
  • Communications between you and us. When you communicate with us, such as through e-mail or text message, we may collect and save a record of your communication and any Personal Information provided during the communication.
  • Referral data, including the Personal Information of a person that can be used to identify you and the person you are referring to the Website.
  • Usage data and automatically collected technical information such as traffic data, location data, logs and other communication data and the resources that you access and/or use on the Website.
  • Information about your computer and internet connection, including, but not limited to, the type of device you use, the IP address of your device, your operating system, the type of Internet browser you use, unique device identifiers and other diagnostic data.

Sources of Personal Information

We collect Personal Information from various sources including data directly from you, from third parties, from public sources and from automated systems.

Direct interactions. You may give us your Personal Information by filling in forms or by corresponding with us by post, email or otherwise. This includes data you provide when you:

  • register, sign up for, begin using and/or otherwise subscribe to the Website;
  • participate in ways to improve customer satisfaction and customer experience;
  • request marketing to be sent to you;
  • respond to a survey or other communication from us; and/or
  • give us feedback or contact us.

Information We Collect from Third Parties. We may collect Personal Information about you that has been collected and provided to us by our affiliate(s) and/or other third parties, public records, third-party providers of services to us (e.g., analytics and security), social networks, joint marketing partners and affiliate companies, which may be combined with other Personal Information we have collected about you.

Retention of Personal Information 

Except to the extent prohibited by law or as otherwise stated in this Privacy Policy or at the time of collection, and subject to this Privacy Policy, we will retain and use your Personal Information for as long as it is needed for the relevant purpose, including to provide you with any of the communications or information you have requested, or access to the Website, to document our business relationship with you and as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

Providing us with Personal Information

If you do not provide the Personal Information that is necessary, we may not be able to respond to your query or provide the Website to you. If you opt-in to email marketing, you can choose to opt-out at any time by following the instructions in such email(s).

Use of Personal Information

We and our authorized third parties will only process your Personal Information where we have legal grounds to do so. We use the Personal Information that we collect for various purposes, including:

  • To provide and maintain the Website. Our lawful basis is to fulfill any contractual terms with you.
  • To notify you about changes to the Website. Our lawful basis is to fulfill any contractual terms with you.
  • To verify your eligibility to access and/or use the Website.  Our lawful basis is our legitimate interests and contract of providing the Website to you.
  • To allow you to participate in interactive features of the Website when you choose to do so. Our lawful basis is our legitimate interests and contract of providing the Website to you.
  • To gather analysis or valuable information so that we can improve the Website. Our lawful basis is our legitimate business interests in understanding and improving the Website.
  • To monitor the usage of the Website. Our lawful basis is our legitimate business interests in understanding and improving the Website.
  • To monitor the frequency with which you access and/or use the Website. Our lawful basis is our legitimate business interests in providing and incentivizing access and/or use of the Website.
  • To detect, prevent and address technical issues. Our lawful basis is to fulfill any contractual terms with you by providing technical support and our legitimate business interests in protecting the Website.
  • To provide you with news, special offers and general information about other goods, services and/or events which we may offer that are similar to those that you have already enquired about unless you have opted not to receive such information. Our lawful basis is your consent to choose to subscribe to any newsletter or marketing (and you can unsubscribe at any time).

In accordance with applicable law and/or regulations (e.g., those in the European Union (“EU”) and/or United Kingdom (“UK”)), where we have indicated above that we rely on legitimate interests for processing of personal information, we carry out a ‘balancing’ test to ensure that our processing is necessary and that your fundamental rights of privacy are not outweighed by our legitimate interests, before we go ahead with such processing. You can contact us for more details using the details below.

Transfer of Personal Information Overseas

We are a global company and will collect and process your Personal Information around the globe. Your information, including Personal Information, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction from where it was collected and the applicable data protection laws may differ from those of your jurisdiction. We ensure that appropriate contractual protections are in place with such third parties in line with applicable law, including appropriate EU and/or UK standard contractual clauses where necessary. Please contact us if you would like more details about our safeguards for data transfers.

Disclosure of Personal Information

Personal Information may be shared in the following circumstances:

Service Providers and/or Processors

We may disclose Personal Information to third-party service providers or contractors (e.g., processors) who use this information to perform services for us, such as hosting providers, auditors, advisors, consultants, analytics, customer service and/or support providers and other similar service providers.

Law Enforcement

Under certain circumstances, we may be required to disclose your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

We may disclose your Personal Information to law enforcement, government officials or other third parties when we have a good faith belief that such action is necessary to:

  • Comply with a legal obligation, such as a valid court order or subpoena;
  • Protect and defend the rights or property of DBA;
  • Prevent or investigate possible wrongdoing in connection with the Website;
  • Prevent physical or financial loss; and/or
  • Protect against legal liability.

Business Transfers

We may disclose and/or transfer Personal Information as part of any actual or contemplated merger, sale, transfer of assets, acquisition, financing and/or restructuring of all or part of our business, bankruptcy or similar event, including related to due diligence conducted prior to such event where permitted by law.

Protect our Rights

We may disclose Personal Information where we believe it necessary to respond to claims asserted against us, to enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation and/or to protect our rights, property and/or safety and/or that of our affiliates, partners, clients, customers and/or others.

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. We also have procedures to deal with any suspected Personal Information breach and we will notify you and any applicable regulator when we are legally required to do so.

Links to Other Sites and Platforms

The Website may contain links to or embedded applets for other websites, plug-ins and/or applications that are not operated by us. If you click a third-party link or utilize any such applet, you will be directed to that third party’s site and/or services, which may allow third parties to collect or share data about you. We strongly advise you to review the privacy policy of every site you visit and service that you use.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

The Website is not offered to children and we do not knowingly collect personally identifiable information from anyone under the age of 18 (or the age of majority in the jurisdiction they are accessing the services from). If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verifiable parental consent, we will take steps to remove that information from our servers.

Do Not Track

We do not currently recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” (DNT) signals sent by web browsers, mobile devices or other mechanisms. Third parties may be able to collect information, including Personal Information, about your online activities over time and across different websites or online services when you access and/or use the Website. You may opt out of online behavioral ads at http://www.aboutads.info/choices/. You also may limit certain tracking by disabling cookies in your web browser.

Your Data Rights

Depending on where you live, you may have certain rights, such as to request access to or correction of your Personal Information that we hold about you. To make a request, please email: legal@dba.xyz.

EU and UK

Where EU and UK regulations apply, you have the right to:

Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.

Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your Personal Information (also known as the “right to be forgotten”). This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process, when you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law.

Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your situation which makes you want to object to processing on this ground as you feel it affects your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information that override your rights and freedoms.

Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios:

  • If you want us to establish the data’s accuracy;
  • Where our use of the data is unlawful, but you do not want us to erase it;
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; and/or
  • Where you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

No fee usually required. You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond. We try to respond to all requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.

United States

Certain U.S. state data-protection laws grant California, Colorado, Connecticut, Utah and Virginia residents the following data rights:

Right to Know and to Access. You have the right to request that we disclose certain information to you about our collection and use of your personal data over the past 12 months.  This information is disclosed in the “Information Collection” Section of this Privacy Policy.

You also have the right to request access to Personal Information collected about you and information regarding the source of that information, the purposes for which we collect it and the third parties and service providers with whom we share it. You may submit such a request as described below. To protect our customers’ Personal Information, we are required to verify your identify before we can act on your request.

Right to Portability. You have the right to request that we provide a copy of the personal data we have collected about you, in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance. Once we receive your request and confirm your identity, we will provide to you a copy of your data as required under the applicable data protection laws. We may provide this data to you through your user account with us or via email to the email address you have provided with your request.

Right to Delete. Subject to certain exceptions, you have the right to request that we delete any of your personal data. Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We will delete or deidentify personal data not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Right to Correct. Subject to certain exceptions, you have the right to request that we correct inaccurate personal data that we have collected about you. Once we receive your request and confirm your identity, we will review your request, taking into account the nature of the personal information and the purposes of the processing of the personal information to see if we can correct the data. We may also request additional information showing that the information you want to correct is inaccurate.

Non-Discrimination. We will not discriminate against you for exercising any of your data privacy rights.

Exercising Your Rights. To exercise your rights described above, please submit a request by emailing us at legal@dba.xyz.

Only you or someone legally authorized to act on your behalf may make a request to know or delete related to your personal data. You may also make a request to know or delete on behalf of your child.

Certain data protection laws limit the ability to make a request to know to twice within a 12-month period and allow us to charge a reasonable fee for responding to numerous requests from the same user. We cannot respond to your request or provide you with personal data if we cannot verify your identity or authority to make the request and confirm the personal data relates to you.

You do not need to create an account with us to submit a request to know or delete. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal data associated with that specific account.

We will only use personal data provided in the request to verify the requestor’s identity or authority to make it.

California 

Right to Opt-Out of Sale or Sharing of Personal Information: You have the right to out of the sale or sharing of your Personal Information with third parties, as those terms are defined under the California law. To make such a request please contact us using the information provided in the Contact Us section below.

Shine the Light: Where applicable, California Civil Code Section 1798.83 allows California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request please contact us using the information provided in the Contact Us section below.

Virginia and Colorado

Right to Opt-Out. You have the right to out of the processing of the personal data for purposes of (i) targeted advertising, (ii) the sale of personal data or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. We do not process your Personal Information for (i) targeted advertising, (ii) the sale of personal data or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.

Right to Appeal. If you make a request to exercise any of the above data access rights and we are unable to comply with your request, you may request to appeal our decision. To appeal any data privacy request decision, please contact us by emailing legal@dba.xyz with the subject line “Data Access Request Appeal.” If after you complete the appeal process with us, you are still unsatisfied with our response, you may contact your Attorney General to file a complaint. Below are the contact information for the appropriate entity where you can inquire about filing an appeal:

Virginia residents:

Office of the Attorney General

202 North 9th Street

Richmond, Virginia 23219

Phone: (804) 786-2071

https://www.oag.state.va.us/

 

Colorado residents:

Office of the Attorney General

Colorado Department of Law

Ralph L. Carr Judicial Building

1300 Broadway, 10th Floor

Denver, CO 80203

(720) 508-6000

https://coag.gov/

Nevada

Although we do not sell Personal Information (as defined in Chapter 603A of the Nevada Revised Statutes), Nevada residents have the right to submit a verified request directing us not to sell your Personal Information. To submit such a request, please contact us using the information in the Contact Us section below.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Changes to your Information

It is important that the Personal Information we hold about you is accurate and current. Please keep us informed as soon as possible if your Personal Information changes or is inaccurate during your relationship with us by using the contact details set out below.

Contacting Us

If you have any questions about this Privacy Policy, please contact us by email at: legal@dba.xyz.

You have the right to make a complaint at any time to your local data protection supervisory authority. We would, however, appreciate the chance to respond to your concerns before you approach them so do contact us in the first instance.