PRIVACY POLICY

Last Updated:  November 20, 2023

Lagoda Investment Management, L.P., and its affiliates (collectively, “Lagoda” “we,” “us,” or “our”), know that data privacy is very important to you.  We have created this privacy policy (the “Privacy Policy”) to describe what kinds of personal information we may obtain through:

·       Our website located at https://www.lagodaim.com (the “Site”);

·       Any other website, web or mobile application, or digital property that links to this Privacy Policy; and

·       When you interact with us in any other way.

By accessing or using the Site or any other website, web application, or digital property that links to this Privacy Policy (collectively, the “Digital Properties”), you may access or use our investment advisory and related services (collectively, the “Services”).  Our Services are only available to individuals aged 18 or older. If you are under the age of 18, you may not use our Services.

By accepting this Privacy Policy, accessing, or using any Digital Properties, the Services, or otherwise manifesting your assent to this Privacy Policy, you agree to be bound by this Privacy Policy and the accompanying Terms of Use at this link. If you are accepting this Privacy Policy on behalf of your employer or another organization, you hereby certify that you are authorized to bind such party to the terms of this Privacy Policy. If you do not agree to (or cannot comply with) all of the terms of this Privacy Policy you may not access or use the Digital Properties or the Services.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms and Conditions.

I.               INFORMATION WE COLLECT AND/OR RECEIVE

In the course of operating the Digital Properties, providing the Services and/or interacting with you, Lagoda collects and/or receives the following types of information, which may include personal information.

1.              Contact Information

We collect contact information through our Digital Properties and Services, which typically includes name, email address, phone number, and any information provided in messages to us (“Contact Information”). We use Contact Information for purposes such as providing information about the Services, responding to your inquiries, sending you email alerts (including marketing emails), verifying your identity, maintaining our waitlist for clients seeking to open a account, or providing you the Services.

2.              Information obtained automatically from your online activity

When you access or use any of our Digital Properties and/or Services, we use browser cookies, pixels, web server logs, web beacons, and similar technologies (collectively, “Tracking Technologies”) to automatically collect or receive certain standard technical information and other data (such as traffic data, location data, logs and other communications data) sent to us by your computer, mobile device, tablet, or any other device over time on our Digital Properties, and your online activity across third party websites, apps, and devices. We may also evaluate your computer, mobile phone, or other access device to identify any malicious software or activity that may affect the availability of our Digital Properties and Services.

When you access or use any of our Digital Properties and/or Services, advertising companies, analytics networks and providers, and other third parties may use Tracking Technologies to collect information about your online activities over time and across different websites, apps, online services, digital properties and devices.

The data we or third parties collect automatically may include personal information and/or statistical data that may not identify you personally; however, we or third parties may maintain, combine, or associate it with personal information collected in other ways or received from third parties. We and/or third parties use this information to (i) enhance the performance and functionality of our Digital Properties and/or Services; (ii) personalize your experience with the Digital Properties and/or Services, understand how you use our Digital Properties and/or Services, maintain a persistent session, and improve and further develop our Digital Properties and/or Services; and (iii) serve targeted and other advertising, and provide custom experiences, across other sites, apps, online services, digital properties and devices, measure how the ads perform, and for analytics purposes.

The Tracking Technologies used on the Digital Properties and Services include the following, among others:

Cookies: Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. In addition to collecting information, we use cookies to help us authenticate users, provide content of interest to you, analyze which features you use most frequently, and measure and optimize advertising and promotional effectiveness. To do this, we may use both session cookies, which expire once you close your web browser, and persistent cookies, which stay on your computer until you delete them. For information regarding your choices regarding Cookies, please see Section III of this Privacy Policy.

Local Storage Technologies: We may use local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications.

Web Beacons: We use Web beacons, also known as pixel tags or clear GIFs, to demonstrate that a webpage or email address was accessed or opened, or that certain content was viewed or clicked.

Third Party Sites: When access to the Digital Properties and/or Services is made available to you through third-party sites, such as social media, please be aware that these other sites maintain their own policies regarding Tracking Technologies and the collection and use of information. You are responsible for reviewing those policies.

3.              Geolocation information

To provide access to the Services while you are using an electronic device, we automatically collect geolocation information from your mobile device, your wireless carrier, or certain third-party service providers (“Geolocation Information”). Collection of such Geolocation Information occurs only when the Services are running on your mobile device. You may control the collection of Geolocation Information through the user settings on your device. You may decline to allow us to collect such Geolocation Information, in which case we may not be able to provide access to certain Services to you. Please be sure to manage your mobile device and privacy preferences on the Services on an ongoing basis.

4.              Information from third party sources

Service Providers: We may collect or receive your personal information from third party service providers such as credit bureaus and service providers (e.g., providers of Anti-Money Laundering (“AML”) or Know Your Customer (“KYC”) services).

Government and Public Sources: As permitted by applicable law, we may also collect or receive your personal information from publicly available government records, directories, and sources such as courts, tax authorities, government agencies, regulatory authorities, and law enforcement.

Inferences: We may collect or receive inferences, which are assumptions or extrapolations that have been drawn from your information to create a profile which may include your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.

5.              Information obtained from third-party analytics services

We use third-party analytics services (such as Google Analytics) to evaluate your access and use of the Digital Properties and the Services, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to device and internet usage. These third party analytics services use cookies and other Tracking Technologies to help analyze and provide us the data. By accessing or using any of the Digital Properties and/or the Services, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. The information used by such analytics services is generally at the aggregate level. Google and other services may associate such data with visitation information collected from our Digital Properties.

We may add to or change these third-party analytics services from time to time. For more information on our analytics services, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Digital Properties or the Services. If you have any questions, or to request a current list of our third-party analytics services, please contact us as set forth in Section XII of this Privacy Policy.

For more information on Google Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics.

II.             INFORMATION USE AND SHARING

We may use and share your personal information as set forth below:

·       To onboard you as a Client for the Services;

·       When you use the Services, for identity verification, credit, AML, KYC checks, or other due diligence efforts;

·       To provide the Services including servicing, maintaining and protecting your financial and processing  transactions in your accounts;

·       To monitor, support, analyze, and improve the Services;

·       To communicate with you regarding the Services and your account(s);

·       To fulfill your requests for information regarding new or improved products and services;

·       To engage in marketing, advertising, and tracking activities, and evaluate the efficacy of our efforts,

provided that, where required under applicable law, we will obtain your prior opt-in consent to send electronic marketing communications and/or our newsletter;

·       To engage research, project planning, troubleshooting problems, and detecting and protecting against error, fraud, or other criminal activity;

·       To protect the safety and security of our Services, businesses and customers;

·       To third-party contractors and service providers that provide services to us in the operation of our business and assistance with the Services, such as technical support for our Digital Properties, servicing account(s), and providing services such as administrators, custodians, marketing and advertising companies, payment processors, consulting service organizations, IT and cloud service providers, among others;

·       To create and disclose aggregated, anonymous, user statistics and other information to (i) affiliates, agents, business partners, and other third parties; (ii) describe the Services to current and prospective business partners; and (iii) other third parties for lawful purposes;

·       To share some or all of your information with our parent company, subsidiaries, affiliates or other companies under common control with us;  

·       To fulfill our legal and regulatory requirements;

·       To comply with applicable law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;

·       To assess or complete a corporate sale, merger, reorganization, sale of assets, dissolution, investment, or similar corporate event where we expect that your personal information will be part of the transferred assets;

·       To audit our internal processes for compliance with legal and contractual requirements or our internal policies;

·       To prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft; and

·       Otherwise, with your consent.

We will take reasonable measures (e.g., by contract) to require that any party receiving any of your personal information from us, including for purposes of providing the Services, undertakes to: (i) retain and use such information only for the purposes set out in this Privacy Policy; (ii) not disclose your personal information except with your consent, as permitted by applicable law, or as permitted by this Privacy Policy; and (iii) generally protect the privacy of your personal information. Additionally, certain services may be provided through independent third parties, including but not limited to, clearing houses, that are not affiliated with Lagoda, and may operate under their own privacy policies.

III.          YOUR CHOICES

Update Information: If the personal information we have for you changes, you may correct, update, or delete it by contacting us as set forth in Section XII of this Privacy Policy. Clients may correct, update, or delete some of their personal information directly in their account(s). We will use commercially reasonable efforts to process all such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our databases.  Additionally, we will retain and use your information (or copies thereof) as necessary to comply with our legal and/or regulatory obligations, resolve disputes, and enforce our agreements.

Marketing Communications: You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing emails. Please note that you cannot opt out of receiving transactional e-mails.

Cookie Management: Most browsers let you remove or reject cookies.  To do this, follow the instructions in your browser settings.  Many browsers accept cookies by default until you change your settings.  Please note that if you set your browser to disable cookies or other Tracking Technologies, the Digital Properties and/or the Services may not work properly.  For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.

You will need to apply these opt-out settings on each device from which you wish to opt-out.  We cannot offer any assurances as to whether the companies we work with participate in the opt-out programs described above.

IV.           HOW WE PROTECT YOUR INFORMATION

We take commercially reasonable steps to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Services may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

V.             CHILDREN’S PRIVACY

Our Services are only available to individuals aged 18 or older, and we do not knowingly collect personal information from any person under the age of 18. If an individual under the age of 18 has provided us with personal information, a parent or guardian of that child may contact us and request that such information be deleted, and we will endeavor to delete that information from our databases.

VI.           EXTERNAL WEBSITES AND THIRD PARTIES

Unless explicitly stated otherwise, our Privacy Policy addresses only our use and disclosure of information we collect from and/or about you in your interactions with Lagoda, our Digital Properties and the Services. If you choose to disclose information to third parties, the use and disclosure restrictions contained in this Privacy Policy will not apply, as we do not control the privacy policies of such third parties, nor are we subject to them.

The Digital Properties and the Services may also contain hyperlinks to other third-party websites or apps (“External Websites”).  We have no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or External Websites to which we provide hyperlinks. As such, we are not responsible for the content or the privacy policies of those External Websites. You should check the applicable third-party privacy policy and terms of use when visiting any External Websites.

VII.         DO NOT TRACK

As discussed above, third parties such as advertising networks and analytics providers may collect information about your online activities over time and across different websites when you access or use the Services. Currently, various browsers offer a “Do Not Track” option, but there is no standard for commercial websites. At this time, we do not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

VIII.      NOTICE TO CALIFORNIA RESIDENTS

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact us via email at info@lagodaim.com.  

IX.           NOTICE TO NEVADA RESIDENTS

We do not sell your personal information as defined under Nevada law. Nonetheless, if you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties. You can exercise this right by contacting us at info@lagodaim.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.

X.             IMPORTANT NOTICE TO NON-U.S. RESIDENTS

The Digital Properties, the Services and our servers are operated in the United States. Please be aware that your information, including your personal information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin. If you are located outside the United States and choose to use the Digital Properties and/or Services, you consent to any transfer and processing of your personal information in accordance with this Privacy Notice, and you do so at your own risk.

XI.           UPDATES TO THIS PRIVACY POLICY

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may update this Privacy Policy from time to time and without prior notice to you to reflect changes in our privacy practices. We will indicate at the top of this Privacy Policy when it was most recently updated, and we encourage you to revisit this page periodically to stay aware of any changes. By accessing the Digital Properties or the Services after we change this Privacy Policy, you are deemed to have accepted such changes.

XII.         HOW TO CONTACT US

If you have any questions or comments about this Privacy Policy, our privacy practices, please email us at info@lagodaim.com or write to us at: Lagoda Investment Management, L.P., 3 Columbus Circle, Suite 2215, New York, NY 10019