Downstream Capital, LLC Privacy Policy

Last Modified: March 15, 2021

Downstream Capital, LLC (“the Company” or “We”) respects your privacy and is committed to protecting it through our compliance with this privacy policy (this “Policy”). This Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.downstreamcap.com (the “Site”) and our practices for maintaining and protecting that information.

Please read this Policy carefully to understand our policies and practices regarding your personal information and how we will treat it. By accessing or using the Site, you agree to the terms and conditions set forth in this Policy. If you are accessing or using the Site on behalf of an organization or company, you represent and warrant that you have the legal authority to bind any such organization or company to this Policy. If You disagree with any part of this Policy, you may not access the Site. If You are dissatisfied with the Site, your sole and exclusive remedy is to cease your access to or use of the Site.

 This Policy may change from time to time (see Changes, below). If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Please check this Policy frequently for any changes. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised Policy. If You do not agree to the new terms, in whole or in part, you must stop using the Site.

This Policy applies to information that We collect:

·      On the Site.

·      In email, text, and other electronic messages between you and the Company.

·      When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.

It does not apply to information collected by:

·      Us offline or through any other means, including on any other website operated by the Company or any third party (including our affiliates and subsidiaries); or

·      Any third party, including through any application or content (including advertising), that may link to or be accessible from or on the Site.

The Site is not intended for children under 13 years of age. No one under age 13 may provide any personal information to the Site. We do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, do not use or provide any information on the Site, register on the Site, make any purchases through the Site, or provide any information about yourself to us, including your name, address, telephone number, or email address. If we learn we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us at the contact information listed below.

 If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa.

 California's “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Site that are 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 send an email or write to us at the contact information listed below.

 PERSONAL INFORMATION WE COLLECT

 When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device.

 Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

 We collect Device Information using the following technologies:

 

·      “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

·       “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

·       “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

 

Additionally, when you make a purchase or contact us through the Site, we collect certain information from you, including your name, email address, and phone number (“Customer Information”). 

Customer Information may include:

·      Information that you provide by filling in forms on the Site. This includes information provided at the time of registering to use the Site or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Site.

·      Records and copies of your correspondence (including email addresses), if you contact us.

·      Your responses to surveys that we might ask you to complete for research purposes.

·      Details of transactions you carry out through the Site and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Site.

·      Your search queries on the Site.

 When we talk about “Personal Information” in this Policy, we are talking both about Device Information and Customer Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). We use Customer Information to fulfill purchases or respond to requests or complaints. We may also use information that we collect or that you provide, including Personal Information:

·      To present the Site and its contents to you.

·      To provide you with information, products, or services that you request from us.

·      To carry out our obligations and enforce our rights arising from any contracts entered into between you and the Company.

·      To notify you about changes to the Site or any products or services we offer or provide though it.

·      In any other way we may describe when you provide the information.

·      For any other purpose with your consent.

SHARING YOUR PERSONAL INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Information:

·      To our subsidiaries and affiliates.

·      To contractors, service providers, and other third parties we use to support our business.

·      To a buyer or other successor in the event of a merger, divestiture, restructuring, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by the Company about the Site’s users is among the assets transferred.

·      For any other purpose disclosed by us when you provide the information.

·      With your consent.

We share your Personal Information with third parties to help us use your Personal Information, as described above. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here:  https://www.google.com/intl/en/policies/privacy/. 

You can also opt-out of Google Analytics here:  https://tools.google.com/dlpage/gaoptout.

We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights. We may also disclose Personal Information if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.  For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

   FACEBOOK - https://www.facebook.com/settings/?tab=ads

   GOOGLE - https://www.google.com/settings/ads/anonymous

   BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at:  http://optout.aboutads.info/.

 THIRD-PARTY USE OF COOKIES

Some content, including advertisements, on the Site are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you use the Site. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

 DO NOT TRACK

 Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

 DATA RETENTION

 When you submit your information through our Site, we will maintain your information for our records unless and until you ask us to delete this information. You may send us an email at:  nicholas@downstreamcap.com to request access to, correct, or delete any Personal Information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

 DATA SECURITY

 We have implemented reasonable measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your Personal Information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to the Site. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

 CHANGES

 We may update this Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. It is our policy to post any changes we make to this Policy on this page. The date this Policy was last revised is identified at the top of the page. You are responsible for periodically visiting the Site and this Policy to check for any changes.

 CONTACT US

 For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at nicholas@downstreamcap.com, via our toll-free number at 1-800-508-1372 or by mail at: 1350 Speer Blvd #106, Denver, CO, 80204, United States